American Empire Surplus Lines Ins. Co. v Contour Steel Inc. (2025 NY Slip Op 04413)
American Empire Surplus Lines Ins. Co. v Contour Steel Inc.
2025 NY Slip Op 04413 [240 AD3d 1424]
July 25, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 10, 2025


[*1]
 American Empire Surplus Lines Insurance Company, Respondent,
v
Contour Steel Inc. et al., Appellants. (Appeal No. 2.)

Couch White, LLP, Albany (Clemente J. Parente of counsel), for defendants-appellants.

L'Abbate, Balkan, Colavita & Contini, LLP, Melville (Maureen E. O'Connor of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Greenan, III, J.), entered October 10, 2024 in a breach of contract action. The order, among other things, granted plaintiff's motion for summary judgment and denied defendants' cross-motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in American Empire Surplus Lines Ins. Co. v Contour Steel Inc. ([appeal No. 1] 240 AD3d 1422 [4th Dept 2025]). Present—Bannister, J.P., Montour, Ogden, DelConte and Keane, JJ.