Appeal 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 cross claims 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.