| Richards v New York Cent. Mut. Fire Ins. Co. |
| 2005 NY Slip Op 02045 [16 AD3d 1182] |
| Decided on March 18, 2005 |
| 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 March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, SMITH, AND LAWTON, JJ.
239 CA 04-02618
[*1]JOHN W. RICHARDS AND BARBARA J. RICHARDS, PLAINTIFFS-RESPONDENTS, ORDER
v
NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered April 13, 2004 in an action for damages under the uninsured provision of an automobile insurance policy. The order, insofar as appealed from, precluded defendant from raising the issue of serious injury within the meaning of Insurance Law § 5102 (d) based on an order in the underlying action.
MITCHELL GORIS STOKES & KNYCH, LLC, CAZENOVIA (MARK D. GORIS OF COUNSEL), FOR DEFENDANT-APPELLANT.
MITCHELL, MITCHELL & PALMER, OSWEGO (RICHARD C. MITCHELL, JR., OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court