State Farm Fire & Cas. Co. v Pennock
2019 NY Slip Op 03219 [171 AD3d 1516]
April 26, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2019


[*1]
 State Farm Fire & Casualty Company, as Subrogee of Christine Jones, Respondent-Appellant,
v
Scott Pennock, Doing Business as Chim-Chimnee Sweeps, Appellant-Respondent.

Knych & Whritenour, LLC, Syracuse (Matthew E. Whritenour of counsel), for defendant-appellant-respondent.

Law Offices of Stuart D. Markowitz, P.C., Jericho (Stuart D. Markowitz of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, J.), entered May 31, 2018. The order denied the respective motions of the parties for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Carni, J.P., DeJoseph, NeMoyer and Winslow, JJ.