Rafi v Rutgers Cas. Ins. Co.
2007 NY Slip Op 00822 [37 AD3d 1094]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


Mian Rafi et al., Doing Business as Mian Rafi's International Cuisine, et al., Respondents, v Rutgers Casualty Insurance Company, Appellant.

—[*1] Buchanan Ingersoll & Rooney PC, Buffalo (Stephen A. Sharkey of counsel), for defendant-appellant.

J. Michael Shane, Allegany, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered August 10, 2006. The order, insofar as appealed from, denied in part defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Gorski, Centra, Green and Pine, JJ.