LMIII Realty, LLC v Gemini Ins. Co.
2011 NY Slip Op 09405 [90 AD3d 1519]
December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


LMIII Realty, LLC, et al., Respondents,
v
Gemini Insurance Company, Appellant, et al., Defendant. (Appeal No. 1.)

—[*1] Coughlin Duffy LLP, New York City (Justin N. Kinney of counsel), for defendant-appellant.

Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered August 26, 2010. The order denied the motion of defendant Gemini Insurance Company to dismiss and for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.