| Aftermath Restoration, Inc. v New York Cent. Mut. Fire Ins. Co. |
| 2016 NY Slip Op 03362 [138 AD3d 1491] |
| April 29, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Aftermath Restoration, Inc., Plaintiff, v New York Central Mutual Fire Insurance Company et al., Respondents, and David Dale, Appellant. |
David Dale, defendant-appellant pro se.
Burgio, Kita, Curvin & Banker, Buffalo (Steven P. Curvin of counsel), for defendants-respondents.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Diane Y. Devlin, J.), dated June 23, 2014. The judgment denied the motion of defendant David Dale for summary judgment, granted the cross motion of defendants New York Central Mutual Fire Insurance Company and Albert F. Stager, Inc. for summary judgment and declared that New York Central Mutual Fire Insurance Company is not obligated to defend David Dale.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Carni, DeJoseph, Curran and Scudder, JJ.