Isaac v Medical Liab. Mut. Ins. Co.

Isaac v Medical Liab. Mut. Ins. Co. 2015 NY Slip Op 07080 Decided on October 2, 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 October 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
914 CA 15-00256

[*1]PAUL K. ISAAC AND PARAMOUNT SETTLEMENT PLANNING, LLC, PLAINTIFFS-APPELLANTS,

v

MEDICAL LIABILITY MUTUAL INSURANCE COMPANY, RINGLER ASSOCIATES, INC., BLACK, HOLCOMB, SMITH & ASSOCIATES, INC., KIPNES CROWLEY GROUP, LLC, THE PENSION COMPANY, AND JMW SETTLEMENTS, INC., DEFENDANTS-RESPONDENTS.

LAW OFFICE OF J. MICHAEL HAYES, BUFFALO (J. MICHAEL HAYES OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

MANATT, PHELPS & PHILLIPS, LLP, NEW YORK CITY (RONALD G. BLUM OF COUNSEL), FOR DEFENDANT-RESPONDENT MEDICAL LIABILITY MUTUAL INSURANCE COMPANY.

HODGSON RUSS LLP, BUFFALO (RYAN J. LUCINSKI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS BLACK, HOLCOMB, SMITH & ASSOCIATES, INC. AND KIPNES CROWLEY GROUP, LLC.

CONNORS & VILARDO, LLP, BUFFALO (LAWLOR F. QUINLAN, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT THE PENSION COMPANY.

LANDMAN CORSI BALLAINE & FORD P.C., NEW YORK CITY (MARK S. LANDMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT JMW SETTLEMENTS, INC.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 23, 2014. The order granted the motions of defendants to dismiss the second amended complaint.

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: October 2, 2015

Frances E. Cafarell

Clerk of the Court