Brumfield v American Tr. Ins. Co.
2009 NY Slip Op 06954 [66 AD3d 1395]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


Jamie Brumfield, Respondent, v American Transit Insurance Company, Appellant.

—[*1] Dennis J. Bischof, LLC, Williamsville (Dennis J. Bischof of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Rochester (Gregory V. Pajak of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered September 11, 2008 in a breach of contract action. The order denied defendant's motion for summary judgment.

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