MILLER, ERICK J. v. ALLSTATE INDEMNITY COMPANY

Appellate Division of the Supreme Court of New York

MILLER, ERICK J. v. ALLSTATE INDEMNITY COMPANY

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

DecidedOctober 2, 2015

DocketCA 14-01842

StatusPublished

This text of MILLER, ERICK J. v. ALLSTATE INDEMNITY COMPANY (MILLER, ERICK J. v. ALLSTATE INDEMNITY COMPANY) 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.

Bluebook

MILLER, ERICK J. v. ALLSTATE INDEMNITY COMPANY, (N.Y. Ct. App. 2015).

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Opinion

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

1046 CA 14-01842 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND DEJOSEPH, JJ.

ERICK J. MILLER AND AMY RYAN, PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER

ALLSTATE INDEMNITY COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (ANTHONY G. MARECKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAW OFFICE OF FRANK G. MONTEMALO, PLLC, ROCHESTER (FRANK G. MONTEMALO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered August 22, 2014. The order, insofar as appealed from, denied that part of defendant’s motion seeking dismissal of plaintiffs’ claim for punitive damages.

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs and that part of defendant’s motion seeking dismissal of plaintiffs’ claims for punitive damages is granted.

Same memorandum as in Miller v Allstate Indem. Co. ([appeal No. 1] ___ AD3d ___ [Oct. 2, 2015]).

Entered: October 2, 2015 Frances E. Cafarell Clerk of the Court

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