Bissell v Town of Amherst
2008 NY Slip Op 08795 [56 AD3d 1149]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Peter E. Bissell et al., Plaintiffs, v Town of Amherst, Defendant and Third-Party Plaintiff-Respondent. McGonigle & Hilger Roofing Company, Third-Party Defendant-Appellant. (Appeal No. 3.)

—[*1] Baxter, Smith, Tassan & Shapiro, P.C., West Seneca (Sim R. Shapiro of counsel), for third-party defendant-appellant.

DeMarie & Schoenborn, P.C., Buffalo (Joseph DeMarie of counsel), for third-party plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 20, 2007 in a personal injury action. The judgment directed third-party defendant to indemnify third-party plaintiff for, inter alia, all amounts paid by third-party plaintiff to or on behalf of plaintiffs.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Bissell v Town of Amherst (56 AD3d 1144 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.