Matter of 425 W. Main Assoc. LP v Selective Ins. Co. of S.C.
2020 NY Slip Op 00695 [179 AD3d 1447]
January 31, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2020


[*1]
 In the Matter of 425 West Main Associates LP, Appellant,
v
Selective Insurance Company of South Carolina, Respondent.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Elizabeth A. Kraengel of counsel), for petitioner-appellant.

Hurwitz & Fine, P.C., Buffalo (Steven E. Peiper of counsel), for respondent-respondent.

Wilofsky Friedman Karel & Cummins, New York City (Roman Rabinovich of counsel), for United Policyholders and another, amici curiae.

Appeal from an order of the Supreme Court, Genesee County (Henry J. Nowak, Jr., J.), entered January 4, 2019. The order denied the petition to compel an appraisal.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2018 NY Slip Op 52003[U] [Sup Ct, Genesee County 2018]). Present—Whalen, P.J., Centra, Lindley, Troutman and Winslow, JJ.