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

317 CA 22-00899.

218 A.D.3d 1195 (2023)

192 N.Y.S.3d 406

2023 NY Slip Op 04006

Michael Fornino, Appellant, v. New York Central Mutual Fire Insurance Company et al., Defendants, and W.B. Payne Company, Inc., Respondent. (Appeal No. 3.)

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.

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

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, among other things, granted the cross-motion of defendant W.B. Payne Company, Inc. for summary judgment dismissing plaintiff's amended complaint and all cross-claims against it.

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

Same memorandum as in Fornino...

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