Wilkinson v State Farm Mut. Auto. Ins. Co. (2009 NY Slip Op 09919)

Wilkinson v State Farm Mut. Auto. Ins. Co.

2009 NY Slip Op 09919 [68 AD3d 1801]

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

Jessica Wilkinson et al., as Assignees of Nathan Walczyk, Appellants, et al., Plaintiff, v State Farm Mutual Automobile Insurance Company, Respondent.

—[*1] Greene & Reid, PLLC, Syracuse (James E. Reid of counsel), Bottar Leone, P.C., and Gale & Dancks, LLC, Fayetteville, for plaintiffs-appellants.

Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt of counsel), for defendant-respondent.

Appeals from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered March 25, 2009. The order granted the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Hurlbutt, Smith and Centra, JJ.