NICK GARAGE INC PLAINTIFF APPELLANT v. APPEAL NO (2018)

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

NICK'S GARAGE, INC., PLAINTIFF–APPELLANT, v. ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, AND ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, DEFENDANTS–RESPONDENTS. (APPEAL NO. 2.)

CA 16–01640

Decided: March 16, 2018

PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

BOUSQUET HOLSTEIN PLLC, SYRACUSE (CECELIA R.S. CANNON OF COUNSEL), FOR PLAINTIFF–APPELLANT. GOLDBERG SEGALLA LLP, SYRACUSE (HEATHER ZIMMERMAN OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order and judgment so appealed from is unanimously reversed on the law without costs, the motion is denied and the second amended complaint is reinstated.

Same memorandum as in Jeffrey's Auto Body, Inc. v. Allstate Ins. Co. ( [appeal No. 1]—AD3d—[Mar. 16, 2018] [4th Dept 2018] ).

Mark W. Bennett

Clerk of the Court

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