SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 9, 2009
CIMINELLI-COWPER CO., INC., ET AL.,
DEFENDANTS. JAMESTOWN COMMUNITY COLLEGE, JAMESTOWN COMMUNITY COLLEGE REGION AND JAMESTOWN COMMUNITY COLLEGE REGIONAL BOARD OF TRUSTEES,
INGALLS SITE DEVELOPMENT, INC., FORMERLY KNOWN AS DAVID OGIONY DEVELOPMENT CO., INC., AHLSTROM-SCHAEFFER ELECTRIC CORPORATION AND PETTIT & PETTIT, INC.,
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 28, 2008 in a personal injury action.
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
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