Walczak v Corto Bros., II, Inc.

Walczak v Corto Bros., II, Inc. 2007 NY Slip Op 08591 [45 AD3d 1360] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

Dawn Walczak, as Parent and Natural Guardian of A.J.W., Plaintiff, v Corto Brothers, II, Inc., Individually and Doing Business as Corto's Salon, et al., Defendants and Third-Party Plaintiffs-Respondents. Wella Corporation, Third-Party Defendant-Appellant.

—[*1] Walsh & Wilkins, Buffalo (Jill Tuholski of counsel), for third-party defendant-appellant.

Baxter, Smith, Tassan & Shapiro, P.C., West Seneca (William Boltrek, III, of counsel), for third-party plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered December 15, 2006. The order, insofar as appealed from, denied in part third-party defendant's motion for the imposition of spoliation sanctions and for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Lunn and Peradotto, JJ. [See 13 Misc 3d 1241(A), 2006 NY Slip Op 52204(U) (2006).]