Staats v. Wegmans Food Markets, Inc.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 5, 2007 in a personal injury action. The order denied the motion of third-party defendant Rochester Rigging & Erectors, Inc. to assume the defense of defendant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff, an employee of third-party defendant Rochester Rigging & Erectors, Inc. (Rochester Rigging), commenced this action seeking damages for injuries he sustained when an iron beam collapsed underneath him, causing him to fall…