NICK GARAGE INC PLAINTIFF RESPONDENT v. APPEAL NO (2015)

Supreme Court, Appellate Division, Fourth Department.

NICK'S GARAGE, INC., PLAINTIFF–RESPONDENT, v. GEICO GENERAL INSURANCE COMPANY, DEFENDANT–APPELLANT. (APPEAL NO. 3.)

CA 13–02229

Decided: February 06, 2015

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

GOLDBERG SEGALLA LLP, SYRACUSE (MATTHEW S. LERNER OF COUNSEL), FOR DEFENDANT–APPELLANT. BOUSQUET HOLSTEIN PLLC, SYRACUSE (ROBERT K. WEILER OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of defendant's motion seeking dismissal of the second cause of action, and as modified the order is affirmed without costs.

Same Memorandum as in Jeffrey's Auto Body, Inc. v. Allstate Ins. Co. ( [appeal No. 1] _ AD3d _ [Feb. 6, 2015] ).

Frances E. Cafarell

Clerk of the Court

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