Civil Procedure · MBE-tested
Manufacturers and Traders Trust Company, Plaintiff, v. Client Server Direct, Inc., et al., Defendants; Client Server Direct, Inc., et al., Third-Party Plaintiffs-Appellants, v. M&T Bank Corporation et al., Third-Party Defendants, and Michael (Mick) Whipple, Third-Party Defendant-Respondent
156 A.D.3d 136368 N.Y.S.3d 344·New York Supreme Court, Appellate Division·2017·NY
Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.
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Opinion
Manufacturers and Traders Trust Company, Plaintiff, v Client Server Direct, Inc., et al., Defendants. Client Server Direct, Inc., et al., Third-Party Plaintiffs-Appellants, v M&T Bank Corporation et al., Third-Party Defendants, and Michael (Mick) Whipple, Third-Party Defendant-Respondent.
(Appeal No. 1.)
[68 NYS3d 344]
[MAJORITY]
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 10, 2016. The order denied the motion of third-party plaintiffs for partial summary judgment on the issue of liability with respect to their claims against third-party defendant Michael (Mick) Whipple.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Manufacturers & Traders Trust Co. v Client Server Direct, Inc. ([appeal No. 2] 156 AD3d 1364 [2017]).
Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.