George v Erie & Niagara Ins. Assn.
2008 NY Slip Op 02302 [49 AD3d 1228]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Daniel George et al., Doing Business as Vista View Farms, Respondents-Appellants, v Erie and Niagara Insurance Association, Appellant, and Alfred W. Dye, Inc., et al. Respondents. Erie and Niagara Insurance Association, Third-Party Plaintiff-Appellant,
v
Ronald S. Jones et al., Doing Business as R & M Construction, Third-Party Defendants-Respondents. (Action No. 1.) Genesee Patrons Co-operative Insurance Company, Respondent-Appellant, v Erie and Niagara Insurance Association, Appellant-Respondent, et al., Defendants. (Action No. 2.)

—[*1] Mura & Storm, PLLC, Buffalo (James M. DeVoy of counsel), for defendant-appellant, third-party plaintiff-appellant and defendant-appellant-respondent.

Stanley J. Collesano, LLC, Buffalo (Jennifer C. Adams, of the Maryland, Virginia and Washington, D.C. bars, admitted pro hac vice, of counsel), for plaintiffs-respondents-appellants Daniel George, Dean George and Jack George, Doing Business as Vista View Farms.

Lustig & Brown, LLP, Buffalo (David J. Sleight of counsel), for defendants-respondents.

Kavinoky Cook LLP, Buffalo (Joseph J. Welter of counsel), for plaintiff-respondent-appellant Genesee Patrons Co-operative Insurance Company.

Appeals and cross appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 14, 2006 in a breach of contract action. The order, inter alia, granted the motion of plaintiffs Daniel George, Dean George, and Jack George, doing business as Vista View Farms, for partial summary judgment in action No. 1.

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