Call v Banner Metals, Inc.

Call v Banner Metals, Inc. 2007 NY Slip Op 09288 [45 AD3d 1472] November 23, 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

Karen L. Call et al., Appellants, v Banner Metals, Inc., Appellant, and Quinn Wright, Also Known as West Seneca Welding, Respondent. (Appeal No. 2.)

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-appellants.

Walsh & Wilkins, Buffalo (Christopher E. Wilkins of counsel), for defendant-appellant.

Gibson, McAskill & Crosby, LLP, Buffalo (Tara N.K. Cross of counsel), for defendant-respondent.

Appeals from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered August 28, 2006 in a personal injury action. The order granted the motion of Quinn Wright, also known as West Seneca Welding, for summary judgment dismissing the complaint and cross claim against it and denied the cross motions of plaintiffs and defendant Banner Metals, Inc. seeking, inter alia, to strike the answer of defendant Quinn Wright, also known as West Seneca Welding.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Call v Banner Metals, Inc. (45 AD3d 1470 [2007]). Present—Scudder, P.J., Martoche, Smith, Lunn and Pine, JJ.