| Fornino v New York Cent. Mut. Fire Ins. Co. |
| 2023 NY Slip Op 04006 [218 AD3d 1195] |
| July 28, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Fornino, Appellant, v New York Central Mutual Fire Insurance Company et al., Defendants, and W.B. Payne Company, Inc., Respondent. (Appeal No. 3.) |
Saunders Kahler, L.L.P., Utica (Michael D. Callan of counsel), for plaintiff-appellant.
Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Alan J. Bedenko of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered May 3, 2022. The order, among other things, granted the cross-motion of defendant W.B. Payne Company, Inc. for summary judgment dismissing plaintiff's amended complaint and all cross-claims against it.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Fornino v New York Cent. Mut. Fire Ins. Co. ([appeal No. 2] 218 AD3d 1192 [4th Dept 2023]). Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.