Durnell v New York Cent. Mut. Fire Ins. Co.

Durnell v New York Cent. Mut. Fire Ins. Co. 2019 NY Slip Op 05854 Decided on July 31, 2019 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 July 31, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, CURRAN, AND WINSLOW, JJ.
222 CA 18-01229

[*1]KATHLEEN S. DURNELL, PLAINTIFF-APPELLANT,

v

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

MERLIN LAW GROUP, P.A., NEW YORK CITY (VERNE PEDRO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (JAMES GRABER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Chautauqua County (Frank A. Sedita, III, J.), entered August 31, 2017. The order granted the motion of defendant to strike the complaint and dismissed the action.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Peterson v New York Cent. Mut. Fire Ins. Co. (— AD3d — [July 31, 2019] [4th Dept 2019]).

Entered: July 31, 2019

Mark W. Bennett

Clerk of the Court