Mayer v. Conrad

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-law indemnification and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this wrongful death…