Appellate Division of the Supreme Court of New York, 2016

Oscier v. Musty

Appellate Division of the Supreme Court of New York · Decided April 29, 2016 · Carni, Curran, Nemoyer, Smith, Whalen

138 A.D.3d 1405; 29 N.Y.S.3d 205

Opinion of the Court

Appeals from an order of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered January 12, 2015. The order granted the motion of defendant T&T Concrete, Inc. for summary judgment and dismissed the complaint against it.

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

Same memorandum as in Oscier v Musty ([appeal No. 1] 138 AD3d 1402 [2016]).

Present — Whalen, P.J., Smith, Carni, NeMoyer and Curran, JJ.

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