Berry v Utica Natl. Ins. Group (2009 NY Slip Op 02172)

Berry v Utica Natl. Ins. Group

2009 NY Slip Op 02172 [60 AD3d 1404]

March 20, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

Arthur Berry, Appellant, v Utica National Insurance Group, Respondent, et al., Defendants.

—[*1] Michelle De Traglia, Utica, for plaintiff-appellant.

Stephen J. Ransford, PLLC, Syracuse (Stephen J. Ransford of counsel), for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered April 21, 2008. The order and judgment granted the motion of defendant Utica National Insurance Group to dismiss the complaint against it.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Hurlbutt, J.P., Martoche, Carni, Green and Pine, JJ.