United Retail Incorporated v Equitable Life Assurance Society of United States

United Retail Inc. v Equitable Life Assur. Socy. of U.S. 2006 NY Slip Op 03210 [28 AD3d 1103] April 28, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 21, 2006

United Retail Incorporated, Doing Business as Avenue, Respondent,
v
The Equitable Life Assurance Society of the United States, Appellant, et al., Defendant. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered May 13, 2005. The order, insofar as appealed from, granted plaintiff's motion for summary judgment on the first cause of action against defendant The Equitable Life Assurance Society of the United States in the amount of $100,000 plus interest and denied that part of defendants' cross motion for summary judgment dismissing the complaint.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Scudder, J.P., Kehoe, Martoche, Green and Hayes, JJ.