
    Nancy Szymkowiak, Plaintiff, v Doritex Corp., Defendant/Third-Party Plaintiff-Respondent. American HomePatient, Third-Party Defendant-Appellant.
    [893 NYS2d 798]
   —Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered April 30, 2009 in a personal injury action. The order, among other things, denied third-party defendant’s motion for summaiy judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.  