Brooks v Hartford Fire Ins. Co.
2008 NY Slip Op 03795 [50 AD3d 1534]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Raymond Brooks, as Administrator of the Estate of Elaine Brooks, Deceased, et al., Respondents-Appellants, v Hartford Fire Insurance Company et al., Appellants-Respondents.

—[*1] Smith, Murphy & Schoepperle, LLP, Buffalo (Frank G. Godson of counsel), for defendants-appellants-respondents.

The Burns Law Firm, Rochester (Andrew M. Burns of counsel), for plaintiffs-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Wayne County (Dennis M. Kehoe, A.J.), entered May 29, 2007 in an action pursuant to Insurance Law § 3420. The order denied defendants' motion and plaintiffs' cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Martoche, Fahey, Green and Gorski, JJ. [See 2007 NY Slip Op 31749(U) (2007).]