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FINNEGAN v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

17 A.D.3d 1061 (2005)

793 N.Y.S.2d 787

JOHN F. FINNEGAN, JR., Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 29, 2005.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum:

Defendant appeals from an order denying its motion for partial summary judgment dismissing any claim in the amended complaint that plaintiff might have for consequential damages on the condition that plaintiff "move for leave to amend his [amended] complaint" to allege a claim for consequential damages. Although the second amended complaint is not...

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