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Sampson v. Rainbow Ford Lincoln Mercury

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

P. MARC SAMPSON, PLAINTIFF-RESPONDENT,
v.
RAINBOW FORD LINCOLN MERCURY, INC., DEFENDANT-APPELLANT-RESPONDENT, DANIEL LANG, DEFENDANT-RESPONDENT, ET AL., DEFENDANT. RAINBOW FORD LINCOLN MERCURY, INC., THIRD-PARTY PLAINTIFF-APPELLANT-RESPONDENT, P. MARC SAMPSON, DOING BUSINESS AS SAMPSON AUTO SALES, THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.

Appeal and cross appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered December 5, 2007 in a personal injury action. The order denied the motion of defendant-third-party plaintiff for summary judgment and denied the motion of third-party defendant for summary judgment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., CENTRA, CARNI, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum

We affirm for reasons stated in the decision at Supreme Court. We write only to note that the contention of defendant-third-party plaintiff that Workers' Compensation Law § 29 (6) bars plaintiff's action against it is raised for the first time on appeal, and we therefore do not consider it (see Oram v Capone, 206 AD2d 839, 840).

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