Paone v Progressive Cas. Ins. Co.

Paone v Progressive Cas. Ins. Co. 2014 NY Slip Op 06458 Decided on September 26, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 26, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.
965 CA 13-02145

[*1]ANTHONY PAONE, JR., PLAINTIFF-APPELLANT,

v

PROGRESSIVE CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered July 17, 2013. The order granted defendant's motion to vacate the default judgment entered against defendant and granted defendant's motion to dismiss plaintiff's complaint in its entirety.

ALEXANDER & CATALANO, LLC, ROCHESTER (TIMOTHY R. MANDRONICO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MURA & STORM, PLLC, BUFFALO (SCOTT D. MANCUSO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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

Entered: September 26, 2014

Frances E. Cafarell

Clerk of the Court