Kovalsky-Carr Elec. Supply Co., Inc. v Hartford Cas. Ins. Co.
2015 NY Slip Op 06060 [130 AD3d 1535]
July 10, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2015


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 Kovalsky-Carr Electric Supply Co., Inc., Respondent, v Hartford Casualty Insurance Company et al., Appellants. (Appeal No. 2.)

Adams Bell Adams, P.C., Rochester (Anthony J. Adams, Jr., of counsel), for defendants-appellants.

Relin, Goldstein & Crane LLP, Rochester, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered September 23, 2014. The order, among other things, granted the motion of plaintiff to strike the answer and counterclaims of defendants and denied the cross motion of defendants to consolidate.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying in part plaintiff's motion and reinstating the first counterclaim, and as modified the order is affirmed without costs.

Same memorandum as in Kovalsky-Carr Elec. Supply Co., Inc. v Hartford Cas. Ins. Co. ([appeal No. 1] 130 AD3d 1534 [2015]). Present—Scudder, P.J., Carni, Sconiers, Valentino and Whalen, JJ.