| Nocella v Fort Dearborn Life Ins. Co. of N.Y. |
| 2012 NY Slip Op 06931 [99 AD3d 879] |
| October 17, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Brian Nocella, Appellant, v Fort Dearborn Life Insurance Company of New York et al., Defendants, and Emigrant Mortgage Company, Inc., Respondent. |
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Belkin Burden Wenig & Goldman, LLP, New York, N.Y. (Magda L. Cruz, William M.
Rifkin, and Alexa Englander of counsel), for respondent.
In an action, inter alia, to recover benefits under an insurance policy, the plaintiff appeals from an order of the Supreme Court, Nassau County (Diamond, J.), entered October 14, 2010, which, inter alia, granted that branch of the motion of the defendant Emigrant Mortgage Company, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
The facts of this case have been set forth in our decision and order in a companion appeal (see Nocella v Fort Dearborn Life Ins. Co. of N.Y., 99 AD3d 872 [2012] [decided herewith]). The defendant Emigrant Mortgage Company, Inc. (hereinafter Emigrant), established its prima facie entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact in opposition. Therefore, the Supreme Court properly granted that branch of Emigrant's motion which was for summary judgment dismissing the complaint insofar as asserted against it (cf. Baron v Galasso, 83 AD3d 626 [2011]). Belen, J.P., Lott, Sgroi and Cohen, JJ., concur. [Prior Case History: 2010 NY Slip Op 32941(U).]