| American Fire & Cas. Co. v Banta |
| 2004 NY Slip Op 06865 [11 AD3d 1054] |
| Decided on October 1, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, GORSKI, AND LAWTON, JJ.
1051 CA 04-00360
[*1]AMERICAN FIRE AND CASUALTY COMPANY, PLAINTIFF-RESPONDENT, ORDER
v
CHRIS J. BANTA, DEFENDANT, ARTHUR L. MOLLIN AND SARILYN MOLLIN, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered July 9, 2003. The order granted plaintiff's motion for partial summary judgment dismissing the counterclaim of defendants Arthur L. Mollin and Sarilyn Mollin and denied defendants' cross motions for summary judgment dismissing the amended complaint in a declaratory judgment action.
BOND, SCHOENECK & KING, PLLC, SYRACUSE (LILLIAN ABBOTT PFOHL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CONGDON, FLAHERTY, O'CALLAGHAN, REID, DONLON, TRAVIS & FISHLINGER, GARDEN CITY (RONA L. PLATT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court