| Miller v Allstate Indem. Co. |
| 2015 NY Slip Op 07135 [132 AD3d 1309] |
| October 2, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Erick J. Miller et al., Respondents, v Allstate Indemnity Company, Appellant. (Appeal No. 2.) |
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Anthony G. Marecki of counsel), for defendant-appellant.
Law Office of Frank G. Montemalo, PLLC, Rochester (Frank G. Montemalo of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered August 22, 2014. The order, insofar as appealed from, denied that part of defendant's motion seeking dismissal of plaintiffs' claim for punitive damages.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and that part of defendant's motion seeking dismissal of plaintiffs' claims for punitive damages is granted.
Same memorandum as in Miller v Allstate Indem. Co. ([appeal No. 1] 132 AD3d 1306 [2015]). Present—Scudder, P.J., Smith, Carni, Lindley and DeJoseph, JJ.