Appellate Division of the Supreme Court of the State of New York April 28, 2006 (Morrison v. Wescor Forest Products Co.)

Appeal and cross appeal from an order of the Supreme Court, *1226Chautauqua County (Frederick J. Marshall, J.), entered January 28, 2005. The order, among other things, denied the motion of defendant Wescor Forest Products Co. for summary judgment dismissing the complaint and the cross claim of defendants Blaine Melnick and Blaine Melnick Logging Co. against it.