New York State Thruway Auth. v KTA-Tator Eng'g Servs.,P.C.

2007 NY Slip Op 07213 [43 AD3d 1405]

September 28, 2007

Appellate Division, Fourth Department

As corrected through Wednesday, November 7, 2007

New York State Thruway Authority, Respondent, v KTA-TatorEngineering Services, P.C., Respondent and Third-Party Plaintiff-Respondent. Liberty InsuranceCorporation, Third-Party Defendant-Appellant and Second Third-Party Plaintiff-Appellant.Continental Insurance Company, Second Third-PartyDefendant-Respondent.

—[*1]Jaffe & Asher LLP, New York City (Marshall T. Potashner of counsel), for third-partydefendant-appellant and second third-party plaintiff-appellant.

Phillips Lytle LLP, Buffalo (William D. Christ of counsel), for defendant-respondent andthird-party plaintiff-respondent.

Costello Cooney & Fearon, PLLC, Syracuse (Maureen G. Fatcheric of counsel), for secondthird-party defendant-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H.NeMoyer, J.), entered September 15, 2006. The judgment, insofar as appealed from, granted themotion of defendant and third-party plaintiff for partial summary judgment, denied the crossmotion of third-party defendant and second third-party plaintiff to compel disclosure and grantedin part the motion of second third-party defendant for a declaratory judgment.

It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed with costs. Present—Scudder, P.J., Gorski, Centra, Lunn andPeradotto, JJ.