GEICO Indem. v Roth
2008 NY Slip Op 08945 [56 AD3d 1244]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


GEICO Indemnity, Appellant, v Joselyne C. Roth et al., Respondents, et al., Defendants. (Appeal No. 1.)

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Christopher R. Poole of counsel), for plaintiff-appellant.

Feuerstein & Smith, LLP, Buffalo (Mark E. Guglielmi of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered April 17, 2007 in a declaratory judgment action. The order denied plaintiff's motion for summary judgment seeking a declaration that plaintiff has no duty to defend or indemnify defendant Scott C. Mayer, Jr. in the underlying personal injury action.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in GEICO Indem. v Roth (56 AD3d 1244 [2008]). Present—Hurlbutt, J.P., Smith, Green, Pine and Gorski, JJ.