Appellate Division of the Supreme Court of the State of New York April 26, 2012 (Fizzinoglia v. Town of Austerlitz)

Rose, J.P.

Appeals from an order of the Supreme Court (Mc-Grath, J.), entered,February 3, 2011 in Columbia County, which granted third-party defendant Asbjorn Lunde’s motion for summary judgment dismissing the third-party complaints against him.

Plaintiffs own a parcel of property containing a seven-acre pond on Dugway Road in the Town of Austerlitz, Columbia County.