Calaci v Allied Interstate, Inc.
2013 NY Slip Op 05164 [108 AD3d 1127]
July 5, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 21, 2013


Apryl Calaci, Respondent, v Allied Interstate, Inc., et al., Appellants. (Appeal No. 1.)

—[*1] Reed Smith LLP, New York City (Casey D. Laffey of counsel) and Underberg & Kessler LLP, Buffalo, for defendants-appellants.

Law Offices of Kenneth Hiller, PLLC, Amherst (Kenneth R. Hiller of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), entered May 26, 2012. The order, among other things, granted the motion of plaintiff for judgment on liability based on defendants' default and for an inquest on damages, and denied the amended motion of defendants to dismiss the complaint and compel arbitration.

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

Same memorandum as in Calaci v Allied Interstate, Inc. (108 AD3d 1127 [2013]). Present—Scudder, P.J., Centra, Fahey, Carni and Lindley, JJ.