VINCENT FALCO PLAINTIFF RESPONDENT APPELLANT v. ALLSTATE INSURANCE COMPANY DEFENDANT APPELLANT RESPONDENT (2010)

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

VINCENT FALCO, PLAINTIFF-RESPONDENT-APPELLANT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT -RESPONDENT.

CA 09-01436

Decided: February 11, 2010

PRESENT: CENTRA, J.P., PERADOTTO, GREEN, AND PINE, JJ.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (KRISTEN B. DEGNAN OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT. RICHARD G. VOGT P.C., ROCHESTER (LINDA J. VOGT OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

MEMORANDUM AND ORDER

Appeal and cross appeal from a judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered September 12, 2008 in a personal injury action. The judgment and order granted in part and denied in part defendant's motion to dismiss the complaint.

It is hereby ORDERED that the judgment and order so appealed from is unanimously modified on the law by granting the motion in its entirety and dismissing the complaint and as modified the judgment and order is affirmed without costs.

Patricia L. Morgan

Clerk of the Court

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