
    Francis P. Oscier, Appellant, v Joanne V. Musty, Appellant, and T&T Concrete, Inc., Respondent, et al., Defendant.
    (Appeal No. 2.)
    [29 NYS3d 205]
   Appeals 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 complaint 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.  