| Kamens v Utica Mut. Ins. Co. |
| 2004 NY Slip Op 03481 [6 AD3d 1245] |
| April 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Melissa D. Kamens et al., Respondents, v Utica Mutual Insurance Company et al., Defendants, and Violetta Q. Dickinson, as Personal Representative of the Estate of Charles G. Dickinson, Deceased, Intervenor-Appellant. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered January 3, 2003. The order, insofar as appealed from, granted plaintiffs summary judgment dismissing the affirmative defenses and counterclaim of intervenor-defendant.
It is hereby ordered that the order insofar as appealed from be and the same hereby is reversed on the law without costs, the fifth ordering paragraph is vacated, and the complaint against intervenor-defendant is dismissed.
Same memorandum as in Kamens v Utica Mut. Ins. Co. (6 AD3d — [2004]).
All concur except Pigott, Jr., P.J. and Hayes, J., who dissent and vote to affirm in the same dissenting memorandum as in Kamens v Utica Mut. Ins. Co. (6 AD3d —, —_ [2004]). Present—Pigott, Jr., P.J., Wisner, Kehoe, Lawton and Hayes, JJ.