Waterman v. CNH America LLC

2017 NY Slip Op 3639, 150 A.D.3d 1639, 51 N.Y.S.3d 913

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 5, 2017
• Docket: 455 CA 16-00808
• Status: Published

Opinion

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 8, 2015. The order granted in part the motions of defendants and the cross motion of third-party defendant for summary judgment.

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

Memorandum: We conclude, for reasons stated in the decision at Supreme Court, that the motions of defendant-third-party plaintiff, CNH America LLC, and defendant Monroe Tractor & Implement Co., Inc. and the cross motion of third-party defendant were properly granted to the extent that they sought summary judgment dismissing plaintiffs’ claims for failure to warn. Any other issues raised by plaintiffs in their notice of appeal are deemed abandoned (see Beatty v Williams, 227 AD2d 912, 912 [1996]; Ciesinski v Town of Aurora, 202 AD2d 984, 984 [1994]).

Present—Whalen, P.J., Smith, Centra, Troutman and Scudder, JJ.