SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
September 28, 2012
KIMBERLY MITCHELL CONVERSE,
DOLE FOOD COMPANY, INC., DOLE FRESH FRUIT COMPANY, DEFENDANTS-APPELLANTS, AND LEONARD'S EXPRESS, INC.,
DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered December 15, 2010 in a personal injury action.
Converse v Dole Food Co., Inc.
Appellate Division, Fourth Department
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.
Decided on September 28, 2012
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.
The order, inter alia, denied the motion of defendants Dole Food Company, Inc. and Dole Fresh Fruit Company for summary judgment on contractual indemnification against defendant Leonard's Express, Inc.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] ).
Entered: September 28, 2012
Frances E. Cafarell Clerk of the Court
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