July 19, 2013
GRANT MEABON, PLAINTIFF,
TOWN OF POLAND, DEFENDANT. TOWN OF POLAND, THIRD-PARTY PLAINTIFF-RESPONDENT, SHERWOOD A. CHAPMAN, DOING BUSINESS AS CADILLAC CARPENTRY, THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered June 21, 2012. The order denied the motion of third-party defendant for leave to renew and to stay the trial.
KENNEY SHELTON LIPTAK & NOWAK, LLP, BUFFALO (MELISSA A. FOTI OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
BENDER & BENDER, LLP, BUFFALO (THOMAS W. BENDER OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Meabon v Town of Poland ([appeal No. 1] ___ A.D.3d ___ ).