James M. Held et al., Plaintiffs, v. The Pike Company et al., Defendants and Third-Party Plaintiffs-Respondents. CME Associates, Inc., Third-Party Defendant-Appellant

— Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 14, 2013. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the amended third-party complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Present — Centra, J.P, Peradotto, Carni, Lindley and Whalen, JJ.