Gilberti v. Town of Spafford

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), dated December 21, 2012. The order, among other things, denied in part the motion of defendant and third-party plaintiff for summary judgment dismissing the complaint and granted the motion of third-party defendant Spectra Environmental Group, Inc., for summaiy judgment dismissing the third-party complaint against it.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of third-party defendant Spectra Environmental Group, Inc. and reinstating the…