Cegielski v. Spencer (309 A.D.2d 1295, 2003)

Appeal from an amended judgment of Supreme Court, Erie County (O’Donnell, J.), entered October 21, 2002, which, inter alia, dismissed the third-party complaint.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Beeley v Spencer ([appeal No. 5] 309 AD2d 1303 [2003]). Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.