Nocella v Fort Dearborn Life Ins. Co. of N.Y.

Nocella v Fort Dearborn Life Ins. Co. of N.Y. 2012 NY Slip Op 06931 Decided on October 17, 2012 Appellate Division, Second 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 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ARIEL E. BELEN, J.P.
PLUMMER E. LOTT
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
2010-11032
(Index No. 437/08)

[*1]Brian Nocella, appellant,

v

Fort Dearborn Life Insurance Company of New York, et al., defendants, Emigrant Mortgage Company, Inc., respondent.




Kingsley Kingsley & Calkins, Hicksville, N.Y. (Kevin T. Murtagh
and Harold M. Kingsley of counsel), for appellant.
Belkin Burden Wenig & Goldman, LLP, New York, N.Y.
(Magda L. Cruz, William M. Rifkin,
and Alexa Englander of counsel), for
respondent.


DECISION & ORDER

In an action, inter alia, to recover benefits under an insurance policy, the plaintiff appeals from an order of the Supreme Court, Nassau County (Diamond, J.), entered October 14, 2010, which, inter alia, granted that branch of the motion of the defendant Emigrant Mortgage Company, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is affirmed, with costs.

The facts of this case have been set forth in our decision and order in a companion appeal (see Nocella v Fort Dearborn Life Ins. Co. of N.Y., ______ AD3d______ , Appellate Division Docket No. 2010-01815 [decided herewith]). The defendant Emigrant Mortgage Company, Inc. (hereinafter Emigrant), established its prima facie entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact in opposition. Therefore, the Supreme Court properly granted that branch of Emigrant's motion which was for summary judgment dismissing the complaint insofar as asserted against it (cf. Baron v Galasso, 83 AD3d 626).
BELEN, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court