Travelers Ins. Co. v Benderson Dev. Co., LLC

Travelers Ins. Co. v Benderson Dev. Co., LLC 2015 NY Slip Op 08582 Decided on November 20, 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 November 20, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, WHALEN, AND DEJOSEPH, JJ.
1222 CA 15-00122

[*1]TRAVELERS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY, PLAINTIFF-RESPONDENT,

v

BENDERSON DEVELOPMENT COMPANY, LLC, DANFB, LLC, BENDERSON DEVELOPMENT COMPANY, INC., BENDERSON PROPERTIES, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. (APPEAL NO. 1.)

GALBO & ASSOCIATES, BUFFALO (RICHARD A. GALBO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

KATZ & RYCHIK P.C., NEW YORK CITY (ABE M. RYCHIK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered August 25, 2014. The order, among other things, granted plaintiff's motion for summary judgment on the amended complaint and for summary judgment dismissing the counterclaim.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy , 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: November 20, 2015

Frances E. Cafarell

Clerk of the Court