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LIRIANO v. EVEREADY INS. CO.

2008-09672 2008-11587.

2009 NY Slip Op 04871

RAMON LIRIANO, respondent, v. EVEREADY INSURANCE COMPANY, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 9, 2009.

Attorney(s) appearing for the Case

Sweetbaum & Sweetbaum, Lake Success, N.Y. (Marshall D. Sweetbaum of counsel), for appellant.

Jose R. Mendez, P.C., Ridgewood, N.Y., for respondent.

Before: William F. Mastro, J.P., Joseph Covello, Ruth C. Balkin, Leonard B. Austin, JJ.

DECISION & ORDER

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgment is reversed, on the law, the plaintiff's motion for summary judgment is denied, and the order dated September 29, 2008, is modified accordingly; and it is further,

ORDERED that the defendant is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom...

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