| Nick's Garage, Inc. v Allstate Ins. Co. |
| 2018 NY Slip Op 01835 [159 AD3d 1483] |
| March 16, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Nick's Garage, Inc., Appellant, v Allstate Insurance Company et al., Respondents. (Appeal No. 2.) |
Bousquet Holstein PLLC, Syracuse (Cecelia R.S. Cannon of counsel), for plaintiff-appellant.
Goldberg Segalla LLP, Syracuse (Heather Zimmerman of counsel), for defendants-respondents.
Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (James P. Murphy, J.), entered December 10, 2015. The order and judgment granted the motion of defendants for summary judgment dismissing the second amended complaint.
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] 159 AD3d 1481 [4th Dept 2018]). Present—Whalen, P.J., Smith, Lindley, NeMoyer and Troutman, JJ.