Oscier v. Musty , 29 N.Y.S.3d 205 ( 2016 )

Appeals from an order of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered January 12, 2015. The order granted the motion of defendant T&T Concrete, Inc. for summary judgment and dismissed the complaint against it.

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

Same memorandum as in Oscier v Musty ([appeal No. 1] 138 AD3d 1402 [2016]).

Present — Whalen, P.J., Smith, Carni, NeMoyer and Curran, JJ.