Appellate Division of the Supreme Court of the State of New York March 16, 2007 (Rak v. Country Fair, Inc.)

Appeal from an order of the Supreme Court, Erie County *1241(Patrick H. NeMoyer, J.), entered June 15, 2006 in a personal injury action. The order, insofar as appealed from, denied the motion of defendant Gernatt Asphalt Products, Inc. for summary judgment dismissing the supplemental complaint and cross claims against it.