Utica Natl. Ins. Group v Our Touch, Inc. (2013 NY Slip Op 06189)

Utica Natl. Ins. Group v Our Touch, Inc.

2013 NY Slip Op 06189 [109 AD3d 1182]

September 27, 2013

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 30, 2013

Utica National Insurance Group, as Subrogee of Marianne Ellis and Another, Respondent, v Our Touch, Inc., Appellant, et al., Defendant.

—[*1] Cartafalsa, Slattery, Turpin & Lenoff, Buffalo (Phyliss A. Hafner of counsel), for defendant-appellant.

Feldman Kieffer, LLP, Buffalo (Adam C. Ferrandino of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 11, 2012. The order, among other things, denied the motion of defendant Our Touch, Inc., seeking summary judgment dismissing the amended complaint.

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