| Fulton Tool Co., Inc. v United States Life Ins. Co. |
| 2005 NY Slip Op 09833 [24 AD3d 1329] |
| Decided on December 22, 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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND LAWTON, JJ.
1367 CA 05-00711
[*1]FULTON TOOL CO., INC., PLAINTIFF-RESPONDENT-APPELLANT, ORDER
v
UNITED STATES LIFE INSURANCE COMPANY, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.)
Appeal and cross appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, J.), entered April 23, 2004. The order, inter alia, denied that part of defendant's motion for summary judgment with respect to the mailing of a notice of pending termination pursuant to Insurance Law 3211.
DUANE MORRIS LLP, NEW YORK (PETER JASON OF COUNSEL), FOR DEFENDANT- APPELLANT-RESPONDENT.
SETRIGHT & LONGSTREET, LLP, SYRACUSE (MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court