Opinion
No. 1074 CA 06-03174.
September 28, 2007.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered September 15, 2006. The judgment, insofar as appealed from, granted the motion of defendant and third-party plaintiff for partial summary judgment, denied the cross motion of third-party defendant and second third-party plaintiff to compel disclosure and granted in part the motion of second third-party defendant for a declaratory judgment.
JAFFE ASHER LLP, NEW YORK CITY (MARSHALL T. POTASHNER OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT AND SECOND THIRD-PARTY PLAINTIFF-APPELLANT.
PHILLIPS LYTLE LLP, BUFFALO (WILLIAM D. CHRIST OF COUNSEL), FOR DEFENDANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-RESPONDENT.
COSTELLO COONEY FEARON, PLLC, SYRACUSE (MAUREEN G. FATCHERIC OF COUNSEL), FOR SECOND THIRD-PARTY DEFENDANT-RESPONDENT.
Before: Present — Scudder, P.J., Gorski, Centra, Lunn and Peradotto, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.