Thome v. Benchmark Main Transit Associates, LLC

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 10, 2014. The order, among other things, denied in part the motion of third-party defendant Fisher Concrete, Inc. for leave to serve a second amended third-party answer.

It is hereby ordered that said appeal from the order insofar as it denied the motion to preclude expert testimony is unanimously dismissed, and the order is modified on the law by granting that part of the motion seeking leave to serve a second amended third-party answer to assert the affirmative *1284defense that the settlement among…