Erie Ins. Co. v Fuoco Enters., LLC

2026 NY Slip Op 03584

June 5, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

ERIE INSURANCE COMPANY, AS SUBROGEE OF MAY JEN CHINESE RESTAURANT, PLAINTIFF-APPELLANT,

FUOCO ENTERPRISES, LLC, DOING BUSINESS AS ADVANCE HOOD CLEANING SOLUTIONS, AND ELWOOD FIRE PROTECTION, INC., DEFENDANTS-RESPONDENTS.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on June 5, 2026

426 CA 25-00228

Present: Lindley, J.P., Curran, Ogden, And Nowak, JJ.

RUPP PFALZGRAF LLC, BUFFALO (MARCO CERCONE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

KNYCH & WHRITENOUR, LLC, EAST SYRACUSE (MATTHEW E. WHRITENOUR OF COUNSEL), FOR DEFENDANT-RESPONDENT FUOCO ENTERPRISES, LLC, DOING BUSINESS AS ADVANCE HOOD CLEANING SOLUTIONS.

SMITH SOVIK KENDRICK & SUGNET, P.C., WILLIAMSVILLE (ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANT-RESPONDENT ELWOOD FIRE PROTECTION, INC.

Appeal from an order of the Supreme Court, Erie County (Dennis E. Ward, J.), entered January 17, 2025, in a negligence and breach of contract action. The order granted the motions of defendants for summary judgment and dismissed the complaint.

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It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: June 5, 2026

Ann Dillon Flynn

Clerk of the Court