Allied World Natl. Assur. Co. v Peerless Ins. Co.—A Stock Co.
2018 NY Slip Op 07584 [166 AD3d 1524]
November 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 2, 2019


[*1]
 Allied World National Assurance Company, Respondent,
v
Peerless Insurance Company—A Stock Company, Appellant.

Jaffe & Asher LLP, White Plains (Marshall T. Potashner of counsel), for defendant-appellant.

Harter Secrest & Emery LLP, Buffalo (Patrick M. Tomovic of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered December 7, 2017. The order, insofar as appealed from, denied the motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2017 NY Slip Op 52019[U]). Present—Whalen, P.J., Smith, Peradotto, DeJoseph and Troutman, JJ.