Utica Natl. Ins. Group v Our Touch, Inc.

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Utica Natl. Ins. Group v Our Touch, Inc. 2013 NY Slip Op 06189 Released on September 27, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.
957 CA 13-00191

[*1]UTICA NATIONAL INSURANCE GROUP, AS SUBROGEE OF MARIANNE ELLIS AND MARK ELLIS, PLAINTIFF-RESPONDENT,

v

OUR TOUCH, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANT.


Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 11, 2012. The order, among other things, denied the motion of defendant Our Touch, Inc., seeking summary judgment dismissing the amended complaint.


CARTAFALSA, SLATTERY, TURPIN & LENOFF, BUFFALO (PHYLISS A. HAFNER OF COUNSEL), FOR DEFENDANT-APPELLANT.
FELDMAN KIEFFER, LLP, BUFFALO (ADAM C. FERRANDINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court

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