American Motorists Ins. Co. v Louis P. Ciminelli Constr. Co., Inc.
2008 NY Slip Op 03841 [50 AD3d 1564]
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


American Motorists Insurance Company, as Successor in Interest of Specialty National Insurance Company, as Subrogee of Niagara Falls City School District, Appellant, v Louis P. Ciminelli Construction Co., Inc., Also Known as Louis P. Ciminelli Construction Co. Inc., et al., Defendants, and Davis-Ulmer Holding Corp., et al., Respondents. (Appeal No. 2.)

[*1] Sliwa & Lane, Buffalo (Stanley J. Sliwa of counsel), for plaintiff-appellant.

Phillips Lytle LLP, Buffalo (Kevin J. English of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered January 9, 2007. The order granted the motion of defendants Davis-Ulmer Holding Corp., Davis-Ulmer LLC, also known as Ava Lane Holding, LLC, Davis-Ulmer Partners, also known as Ava Lane Holdings, LLC, Davis-Ulmer Sprinkler Inspections, Inc. and Ava Lane Holdings, LLC for summary judgment dismissing the complaint against them.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs.

Same memorandum as in American Motorists Ins. Co. v Louis P. Ciminelli Constr. Co., Inc. (50 AD3d 1563 [2008]). Present—Centra, J.P., Lunn, Peradotto, Green and Pine, JJ.