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Richard Hunt v. Ciminelli-Cowper Co.

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


October 9, 2009

RICHARD HUNT,
PLAINTIFF,
v.
CIMINELLI-COWPER CO., INC., ET AL.,
DEFENDANTS. JAMESTOWN COMMUNITY COLLEGE, JAMESTOWN COMMUNITY COLLEGE REGION AND JAMESTOWN COMMUNITY COLLEGE REGIONAL BOARD OF TRUSTEES,
THIRD-PARTY PLAINTIFFS-APPELLANTS,
v.
INGALLS SITE DEVELOPMENT, INC., FORMERLY KNOWN AS DAVID OGIONY DEVELOPMENT CO., INC., AHLSTROM-SCHAEFFER ELECTRIC CORPORATION AND PETTIT & PETTIT, INC.,
THIRD-PARTY DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 28, 2008 in a personal injury action.

991

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.

MEMORANDUM AND ORDER

(APPEAL NO. 2.)

The order, inter alia, granted the motions of third-party defendants for summary judgment dismissing the amended third-party complaint and all cross claims against them.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion of third-party defendant Ingalls Site Development, Inc., formerly known as David Ogiony Development Co., Inc., and reinstating the amended third-party complaint and cross claim against it, and by denying in part the motion of third-party defendant Pettit & Pettit, Inc. and reinstating the third and fourth causes of action and cross claim against it, and as modified the order is affirmed without costs. Same Memorandum as in Hunt v Ciminelli-Cowper Co., Inc. ([appeal No. 1] ___ AD3d ___ [Oct. 9, 2009]).

Patricia L. Morgan Clerk of the Court

20091009

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