Appellate Division of the Supreme Court of the State of New York March 15, 2002 (Kazmierczak v. Town of Clarence)

Appeal from an order of Supreme Court, Erie County (O’Donnell, J.), entered July 19, 2001, which, inter alia, denied the cross motion of third-party defendant for summary judgment.

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