| Jeffrey's Auto Body, Inc. v Geico Indem. Co. |
| 2018 NY Slip Op 06661 [165 AD3d 1623] |
| October 5, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jeffrey's Auto Body, Inc., Appellant, v Geico Indemnity Company et al., Respondents. (Appeal No. 2.) |
Bousquet Holstein PLLC, Syracuse (Cecelia R.S. Cannon of counsel), for plaintiff-appellant.
Goldberg Segalla LLP, Syracuse (Jonathan Schapp of counsel), for defendants-respondents.
Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (James P. Murphy, J.), entered January 11, 2016. The order and judgment granted the motion of defendants for summary judgment dismissing plaintiff's amended complaint.
It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the motion in part and reinstating the first cause of action, and the third cause of action to the extent that it is asserted on behalf of plaintiff itself, and as modified the order and judgment is affirmed without costs.
Same memorandum as in Nick's Garage, Inc. v Geico Indem. Co. ([appeal No. 1] 165 AD3d 1621 [4th Dept 2018]). Present—Whalen, P.J., Smith, DeJoseph, NeMoyer and Troutman, JJ.