John Hancock Life Insurance v. 42 Delaware Avenue Associates, LLC

15 A.D.3d 941, 788 N.Y.S.2d 902, 2005 NY Slip Op 830, 2005 N.Y. App. Div. LEXIS 1004

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 4, 2005
• Docket: Appeal No. 2
• Status: Published

Opinion

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered December 5, 2003. The order, insofar as appealed from, granted judgment in favor of defendants William L. Christie and Eugene C. Tenney on their counterclaim.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the counterclaim is dismissed.

Same memorandum as in John Hancock Life Ins. Co. v 42 Delaware Ave. Assoc. (15 AD3d 939 [2005]). Fresent — Scudder, J.E, Kehoe, Smith, Fine and Hayes, JJ.