Kazmierczak v. Town of Clarence

Appeal from an order of Supreme Court, Erie County (O’Donnell, J.), entered July 19, 2001, which, inter alia, denied the cross motion of third-party defendant for summary judgment.

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

Memorandum: Contrary to the contention of third-party defendant, Industrial Power and Lighting Corporation (IPL), Supreme Court properly denied its cross motion seeking summary judgment dismissing the amended third-party complaint. Plaintiffs commenced an action seeking damages for injuries sustained by…