Pelusio Family Partnership, L.P. v Massachusetts Mut. Life Ins. Co.
2010 NY Slip Op 01142 [70 AD3d 1359]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Pelusio Family Partnership, L.P., Respondent, v Massachusetts Mutual Life Insurance Company, Appellant.

—[*1] Underberg & Kessler LLP, Rochester (Paul F. Keneally of counsel), for defendant-appellant.

Woods Oviatt Gilman LLP, Rochester (Robert S. Attardo of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 1, 2009 in a declaratory judgment 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 for the reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.