Appellate Division of the Supreme Court of the State of New York September 28, 2007 (New York State Thruway Authority v. KTA-Tator Engineering Services, P.C.)

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered September 15, 2006. The judgment, insofar as appealed from, granted the motion of defendant and third-party plaintiff for partial summary judgment, denied the cross motion of third-party defendant and second third-party plaintiff to compel disclosure and granted in part the motion of