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FORNINO v. NEW YORK CENT. MUT. FIRE INS. CO.

315 CA 22-00897.

218 A.D.3d 1192 (2023)

192 N.Y.S.3d 399

2023 NY Slip Op 04004

Michael Fornino, Appellant, v. New York Central Mutual Fire Insurance Company et al., Respondents, et al., Defendant. (Appeal No. 1.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

SAUNDERS KAHLER, L.L.P., UTICA (MICHAEL D. CALLAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SARETSKY KATZ & DRANOFF, L.L.P., ELMSFORD (ALLEN L. SHERIDAN OF COUNSEL), FOR DEFENDANT-RESPONDENT NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANT-RESPONDENT W.B. PAYNE COMPANY, INC.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered May 3, 2022. The order denied plaintiff's motion for summary judgment on the amended complaint against defendant New York Central Mutual Fire Insurance Company and defendant W.B. Payne Company, Inc.

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

Same memorandum as in Fornino v New York Cent. Mut. Fire Ins. Co. ([appeal...

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