Emergency Enclosures, Inc. v National Fire Adj. Co., Inc.
2009 NY Slip Op 09751 [68 AD3d 1663]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Emergency Enclosures, Inc., Respondent, v National Fire Adjustment Co., Inc., Appellant, et al., Defendant. (Appeal No. 2.)

—[*1] Fix Spindelman Brovitz & Goldman, P.C., Fairport (Roy Z. Rotenberg of counsel), for defendant-appellant.

Leclair Korona Giordano Cole LLP, Rochester (Paul L. Leclair of counsel), for plaintiff-respondent.

Appeal from a judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered November 10, 2008. The judgment and order denied the motion of defendant National Fire Adjustment Co., Inc. for summary judgment dismissing the complaint against it.

It is hereby ordered that the judgment and order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the eighth cause of action against defendant National Fire Adjustment Co., Inc. and as modified the judgment and order is affirmed without costs.

Same memorandum as in Emergency Enclosures, Inc. v National Fire Adj. Co., Inc. (68 AD3d 1658 [2009]). Present—Martoche, J.P., Peradotto, Green and Pine, JJ.