Licari v New York Cent. Mut. Fire Ins. Co.
2012 NY Slip Op 04529 [96 AD3d 1438]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Salvatore J. Licari, Also Known as Sam Licari, et al., Respondents,
v
New York Central Mutual Fire Insurance Company, Appellant.

—[*1] Law Office of Keith D. Miller, Liverpool (Keith D. Miller of counsel), for defendant-appellant.

Gustave J. Detraglia, Jr., Utica (Michele E. Detraglia of counsel), for plaintiffs-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered April 6, 2011 in a breach of contract action. The judgment, among other things, denied defendant's motion for summary judgment dismissing plaintiffs' complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.