Zupan v Allstate Ins. Co.
2009 NY Slip Op 05429 [64 AD3d 1158]
July 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2009


John Zupan et al., Respondents, v Allstate Insurance Company, Appellant, et al., Defendant.

—[*1] Sugarman Law Firm, LLP, Syracuse (Rebecca A. Crance of counsel), for defendant-appellant.

Gustave J. Detraglia, Jr., Utica, for plaintiffs-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered June 4, 2008. The order and judgment denied the motion of defendant Allstate Insurance Company for summary judgment and granted the cross motion of plaintiffs for summary judgment.

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