Utica Mut. Ins. Co. v McAteer & FitzGerald, Inc.
2010 NY Slip Op 08296 [78 AD3d 1613]
November 12, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


Utica Mutual Insurance Company, Appellant, v McAteer & FitzGerald, Inc., et al., Respondents, et al., Defendant. (Appeal No. 2.)

—[*1] Bond, Schoeneck & King, PLLC, Syracuse (Brian J. Butler of counsel), for plaintiff-appellant.

von Simson & Chin LLP, Buffalo (Charles von Simson of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered October 19, 2009 in a breach of contract action. The order denied the motion of plaintiff for leave to reargue the denial of its motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Smith, J.P., Fahey, Lindley, Sconiers and Gorski, JJ.