Nick's Garage, Inc. v. Allstate Ins. Co.

Goldberg Segalla LLP, Syracuse (Matthew S. Lerner of Counsel), for Defendant–Appellant.

Bousquet Holstein PLLC, Syracuse (Robert K. Weiler of Counsel), for Plaintiff–Respondent.

Opinion

Same Memorandum as in Jeffrey's Auto Body, Inc. v. Allstate Ins. Co. (Appeal No. 1), 125 A.D.3d 1342, 4 N.Y.S.3d 417, 2015 WL 506436 (Feb. 6, 2015).

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of defendant's motion seeking dismissal of the second cause of action in the amended complaint, and as modified the order is affirmed without costs.

SMITH, J.P., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ., concur.