Hund v. Gramse

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 31, 2003. The order denied the motions of defendants-third-party plaintiffs and third-party defendant for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motions in part, dismissing the complaint and granting judgment in favor of third-party defendant as follows: “It is adjudged and declared that third-party defendant has no obligation to defend or indemnify defendants in the main action and as…