Szymkowiak v. Doritex Corp.

—Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered April 30, 2009 in a personal injury action. The order, among other things, denied third-party defendant’s motion for summaiy judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.