McLaughlin v Midrox Ins. Co.

McLaughlin v Midrox Ins. Co. 2010 NY Slip Op 01259 [70 AD3d 1463] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Charles R. McLaughlin et al., Respondents, v Midrox Insurance Company, Appellant, and Ronald D. Blodgett et al., Doing Business as Blodgett Brothers Partnerships, Respondents. (Appeal No. 1.)

—[*1] Towne, Ryan & Partners, PC, Albany (Amanda R. Stern of counsel), for defendant-appellant.

Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for plaintiffs-respondents.

Jones and Skivington, Geneseo (Peter K. Skivington of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered November 1, 2007 in a personal injury action. The order, inter alia, denied the cross motion of defendant Midrox Insurance Company for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in McLaughlin v Midrox Ins. Co. (70 AD3d 1463 [2010]). Present—Centra, J.P., Peradotto, Green and Pine, JJ.