Fellows v. County of Onondaga

— Appeal from an order of Supreme Court, Onondaga County (Major, J.), entered January 14, 2003, which denied without prejudice the motion of defendant-third-party plaintiff for summary judgment on contractual and common-law indemnification against third-party defendant Robert E. Dye, doing business as Bob Dye Construction.

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

Memorandum: Supreme Court properly exercised its discretion in denying without prejudice the motion of defendant-third-party plaintiff, Onondaga County Soil &…