| Hayes v Nationwide Mut. Fire Ins. Co. |
| 2006 NY Slip Op 02080 [27 AD3d 1185] |
| March 17, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| John B. Hayes, Appellant, v Nationwide Mutual Fire Insurance Company, Respondent. |
—[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 1, 2005. The order, insofar as appealed from, granted that part of defendant's motion seeking to dismiss the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Scudder, J.P., Kehoe, Martoche, Green and Hayes, JJ.