MAYER v. CONRAD

1043 CA 14-00281

122 A.D.3d 1366 (2014)

997 N.Y.S.2d 869

2014 NY Slip Op 08149

CHERYL D. MAYER, as Administratrix of the Estate of BRANDON M. ACKER, Deceased, Respondent, v. MATTHEW J. CONRAD et al., Appellants. MATTHEW J. CONRAD et al., Third-Party Plaintiffs-Appellants-Respondents, v. FISHER CONCRETE, INC., Third-Party Defendant-Respondent-Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 21, 2014.


Appeal and cross appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered May 23, 2013. The order, among other things, denied in part the motions of third-party defendant and defendants/third-party plaintiffs for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of third-party defendant in part and dismissing the third-party complaint insofar as it seeks common...

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