Erie Ins. Co. v. Fuoco Enters., LLC

Appellate Division of the Supreme Court of New York

Erie Ins. Co. v. Fuoco Enters., LLC

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 5, 2026

Docket426 CA 25-00228

StatusPublished

This text of Erie Ins. Co. v. Fuoco Enters., LLC (Erie Ins. Co. v. Fuoco Enters., LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Erie Ins. Co. v. Fuoco Enters., LLC, (N.Y. Ct. App. 2026).

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Opinion

Erie Ins. Co. v Fuoco Enters., LLC - 2026 NY Slip Op 03584

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

Erie Ins. Co. v Fuoco Enters., LLC

2026 NY Slip Op 03584

June 5, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

ERIE INSURANCE COMPANY, AS SUBROGEE OF MAY JEN CHINESE RESTAURANT, PLAINTIFF-APPELLANT,

v

FUOCO ENTERPRISES, LLC, DOING BUSINESS AS ADVANCE HOOD CLEANING SOLUTIONS, AND ELWOOD FIRE PROTECTION, INC., DEFENDANTS-RESPONDENTS.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on June 5, 2026

426 CA 25-00228

Present: Lindley, J.P., Curran, Ogden, And Nowak, JJ.

RUPP PFALZGRAF LLC, BUFFALO (MARCO CERCONE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

KNYCH & WHRITENOUR, LLC, EAST SYRACUSE (MATTHEW E. WHRITENOUR OF COUNSEL), FOR DEFENDANT-RESPONDENT FUOCO ENTERPRISES, LLC, DOING BUSINESS AS ADVANCE HOOD CLEANING SOLUTIONS.

SMITH SOVIK KENDRICK & SUGNET, P.C., WILLIAMSVILLE (ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANT-RESPONDENT ELWOOD FIRE PROTECTION, INC.

Appeal from an order of the Supreme Court, Erie County (Dennis E. Ward, J.), entered January 17, 2025, in a negligence and breach of contract action. The order granted the motions of defendants for summary judgment and dismissed the complaint.

[*1]

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: June 5, 2026

Ann Dillon Flynn

Clerk of the Court

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