Home/Appellate Division of the Supreme Court of New York/AFTERMATH RESTORATION, INC. v. NEW YORK CENTRAL MUTUAL FIRE INSURA

AFTERMATH RESTORATION, INC. v. NEW YORK CENTRAL MUTUAL FIRE INSURA

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 2016·No. CA 14-01928·Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

378 CA 14-01928 PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, CURRAN, AND SCUDDER, JJ.

AFTERMATH RESTORATION, INC., PLAINTIFF,

V ORDER

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, ALBERT F. STAGER, INC., DEFENDANTS-RESPONDENTS, AND DAVID DALE, DEFENDANT-APPELLANT.

DAVID DALE, DEFENDANT-APPELLANT PRO SE.

BURGIO, KITA, CURVIN & BANKER, BUFFALO (STEVEN P. CURVIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Diane Y. Devlin, J.), dated June 23, 2014. The judgment denied the motion of defendant David Dale for summary judgment, granted the cross motion of defendants New York Central Mutual Fire Insurance Company and Albert F. Stager, Inc. for summary judgment and declared that New York Central Mutual Fire Insurance Company is not obligated to defend David Dale.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Entered: April 29, 2016 Frances E. Cafarell Clerk of the Court

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AFTERMATH RESTORATION, INC. v. NEW YORK CENTRAL MUTUAL FIRE INSURA, (N.Y. Ct. App. 2016).

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