Liberty Mutual Insurance Company v Old Republic Commercial General Insurance Company

Liberty Mut. Ins. Co. v Old Republic Commercial Gen. Ins. Co. 2005 NY Slip Op 08376 [23 AD3d 1007] November 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

Liberty Mutual Insurance Company et al., Appellants, et al., Plaintiffs,
v
Old Republic Commercial General Insurance Company et al., Respondents. (Appeal No. 1.)

—[*1]Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 7, 2005. The judgment, inter alia, granted defendants' cross motion for summary judgment, in a declaratory judgment action.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Green, J.P., Hurlbutt, Scudder, Gorski and Lawton, JJ.