Stephan v Liberty Mut. Fire Ins. Co.
2011 NY Slip Op 03462 [83 AD3d 1576]
April 29, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


—David Stephan, Appellant, v Liberty Mutual Fire Insurance Company et al., Respondents.

—[*1] Hogan Willig, Amherst (Steven M. Cohen of counsel), for plaintiff-appellant.

Hurwitz & Fine, P.C., Buffalo (Andrea Schillaci of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 15, 2010. The order granted defendants' motion to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.