Manufacturers & Traders Trust Co. v Client Server Direct, Inc., 2017 NY Slip Op 08967 [156 AD3d 1363]

December 22, 2017

Appellate Division, Fourth Department

[*1]

Manufacturers and Traders Trust Company, Plaintiff,

v

Client Server Direct, Inc., et al., Defendants. Client Server Direct, Inc., et al., Third-Party Plaintiffs-Appellants, v M&T Bank Corporation et al., Third-Party Defendants, and Michael (Mick) Whipple, Third-Party Defendant-Respondent. (Appeal No. 1.)

Parlato Law, Williamsville, Chaitman LLP, New York City (Helen D. Chaitman of counsel), for Third-party plaintiffs-appellants.

Personius Melber LLP, Buffalo (Rodney O. Personius of counsel), for Third-party defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Manufacturers & Traders Trust Co. v Client Server Direct, Inc. ([appeal No. 2] 156 AD3d 1364 [2017]). Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ..