Yondt v. Boulevard Mall Co.

—Appeal from an order of Supreme Court, Erie County (Joslin, J.), entered December 19, 2001, which, inter alia, granted the cross motion of defendant-third-party defendant seeking summary judgment dismissing the claims of defendant-third-party plaintiff and defendant Forest City Management, Inc.

*883It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted that part of the cross motion of defendant-third-party defendant, Mallare Enterprises, Inc., doing business as E & R Williams (Mallare), seeking…