Bausenwein v. Welsh (155 A.D.3d 1589, 2017)

Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered August 25, 2016. The order, among other things, denied that part of the third-party plaintiffs’ motion for summary judgment seeking dismissal of the second affirmative defense in the amended answer of third-party defendant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2016 NY Slip Op 51899[U]).

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.