McCabe v St. Paul Fire & Mar. Ins. Co.
2010 NY Slip Op 09632 [79 AD3d 1611]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Amy McCabe et al., Respondents,
v
St. Paul Fire and Marine Insurance Company, Appellant, et al., Defendant. (Appeal No. 1.)

—[*1] Aronberg Goldgehn Davis & Garmisa, Chicago, Illinois (Christopher J. Bannon, of the Illinois bar, admitted pro hac vice, of counsel) and Goldberg Segalla LLP, Buffalo, for defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (Andrew O. Miller of counsel), for plaintiffs-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 26, 2009. The judgment declared defendant St. Paul Fire and Marine Insurance Company is obligated to indemnify defendant David E. Fretz, Esq. on a judgment obtained by plaintiffs.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in McCabe v St. Paul Fire & Mar. Ins. Co. (79 AD3d 1612; [2010]). Present—Smith, J.P., Lindley, Sconiers, Pine and Gorski, JJ. [Prior Case History: 25 Misc 3d 726.]