Kovalsky-Carr Elec. Supply Co., Inc. v Hartford Cas. Ins. Co.

Kovalsky-Carr Elec. Supply Co., Inc. v Hartford Cas. Ins. Co. 2015 NY Slip Op 06060 Decided on July 10, 2015 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 July 10, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.
710 CA 14-01858

[*1]KOVALSKY-CARR ELECTRIC SUPPLY CO., INC., PLAINTIFF-RESPONDENT,

v

HARTFORD CASUALTY INSURANCE COMPANY AND EASTCOAST ELECTRIC, LLC, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

RELIN, GOLDSTEIN & CRANE LLP, ROCHESTER, D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered September 23, 2014. The order, among other things, granted the motion of plaintiff to strike the answer and counterclaims of defendants and denied the cross motion of defendants to consolidate.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying in part plaintiff's motion and reinstating the first counterclaim, and as modified the order is affirmed without costs.

Same memorandum as in Kovalsky-Carr Elec. Supply Co., Inc. v Hartford Cas. Ins. Co. ([appeal No. 1] ___ AD3d ___ [July 10, 2015]).

Entered: July 10, 2015

Frances E. Cafarell

Clerk of the Court