Great Am. Ins. Co. v Canandaigua Natl. Bank & Trust Co.
2007 NY Slip Op 08518 [45 AD3d 1301]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Great American Insurance Company, Appellant, v Canandaigua National Bank and Trust Company, Respondent. (And a Third-Party Action.) (Appeal No. 2.)

—[*1] Culley, Marks, Tanenbaum & Pezzulo LLP, Rochester (Amy L. DiFranco of counsel), for plaintiff-appellant.

Boylan, Brown, Code, Vigdor & Wilson, LLP, Rochester (Devin Lawton Palmer of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered September 19, 2006. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for, inter alia, summary judgment on the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs and the motion and cross motion are dismissed.

Same memorandum as in Great Am. Ins. Co. v Canandaigua Natl. Bank & Trust Co. (45 AD3d 1299 [2007]). Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Pine, JJ.