Meegan v Progressive Ins. Co.
2007 NY Slip Op 04894 [43 AD3d 194]
June 8, 2007
Chilton Latham, J.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 17, 2007


[*1]
Sheila M. Meegan et al., Respondents,
v
Progressive Insurance Company, Appellant. (Appeal No. 1.)

Fourth Department, June 8, 2007

APPEARANCES OF COUNSEL

Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for defendant-appellant.

Knoer, Crawford & Bender, LLP, Buffalo (Paul A. Bender of counsel), for planitiffs-respondents.

OPINION OF THE COURT

Peradotto, J.

Same opinion by Peradotto, J., as in Meegan v Progressive Ins. Co. (43 AD3d 182 [2007]).

Lunn and Pine, JJ., concur with Peradotto, J.; Centra, J., dissents and votes to affirm in the same dissenting opinion as in Meegan v Progressive Ins. Co. (43 AD3d 182, 187 [2007]) in which Gorski, J.P., concurs.

It is hereby ordered that the order insofar as appealed from be and the same hereby is reversed on the law without costs and the motion is denied in its entirety. .