Majority
p. 1589John H. Bausenwein, III, Plaintiff, v Thomas J. Welsh, Individually and Doing Business as TJW Custom Homes, Inc., et al., Defendants. Thomas J. Welsh, Individually and Doing Business as TJW Custom Homes, Inc., et al., Third-Party Plaintiffs-Appellants, v Timothy Allison, Third-Party Defendant-Respondent. [63 NYS3d 298]
Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered August 25, 2016. The order, among other things, denied that part of the third-party plaintiffs’ motion for summary judgment seeking dismissal of the second affirmative defense in the amended answer of third-party defendant.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court ( 2016 NY Slip Op 51899 [U]).
Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.