Majority
p. 994Larry J. Clayson, Plaintiff, v David Oldfield et al., Defendants. David Oldfield, Third-Party Plaintiff-Appellant, v Paul Sick, Doing Business as Valley Heating & Cooling, Third-Party Defendant-Respondent. Ronald J. Morsch, Third-Party Plaintiff-Appellant, v Paul Sick, Doing Business as Valley Heating & Cooling, Third-Party Defendant-Respondent. (Appeal No. 3.)
— Order unanimously reversed on the law with costs, cross motion denied and third-party complaints
p. 995
against defendant Sick reinstated. Same Memorandum as in Clayson v Oldfield ([appeal No. 1] 181 AD2d 993 [decided herewith]). (Appeal from Order of Supreme Court, Steuben County, Scudder, J. — Summary Judgment.) Present — Denman, P. J., Boomer, Green, Balio and Doerr, JJ.
Cases cited
- Clayson v. Oldfield 181 AD2d 993 p. 995