Milherst Construction, Inc., Respondent, v. Town of Marilla, Appellant and Third-Party Plaintiff-Appellant. Joseph C. Lu Engineering and Land Surveying, P.C., et al., Third-Party Defendants-Respondents

Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered December 26, 2000, which, inter alia, denied defendant’s motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, NeMoyer, J. Present — Green, J.P., Scudder, Kehoe, Burns and Gorski, JJ.