Nehrboss v 600 Cayuga Rd., Inc., 2024 NY Slip Op 02465 [227 AD3d 1479]

May 3, 2024

Appellate Division, Fourth Department

[*1]

David Nehrboss, Plaintiff,

v

600 Cayuga Road, Inc., Defendant/Third-Party Plaintiff-Respondent. Plastic Bottles, Inc., Third-Party Defendant-Appellant.

Nash Connors, P.C., Buffalo (Andrew J. Kowalewski of counsel), for third-party defendant-appellant.

Law Offices of John Wallace, Buffalo (Nancy A. Long of counsel), for third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Dennis E. Ward, J.), dated September 26, 2023. The order, insofar as appealed from, denied the motion of third-party defendant for summary judgment dismissing the third-party complaint and granted in part the cross-motion of defendant/third-party plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2023 NY Slip Op 34654[U] [2023]). Present—Curran, J.P., Greenwood, Nowak and Keane, JJ..