MAIN STREET AMERICA ASSURANCE COMPANY, PHILLIP J. GEIGER D/B/A XL CONSTRUCTION SERVICES, LLC V MERCHANTS MUTUAL
Motion No: 598-22
Slip Opinion No: 2022 NY Slip Op 76639(U)
Decided on December 23, 2022
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 23, 2022

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, AND NEMOYER, JJ.

MOTION NO. 598-22
CA 21-01451

MAIN STREET AMERICA ASSURANCE COMPANY,

PHILLIP J. GEIGER D/B/A XL CONSTRUCTION

SERVICES, LLC, PLAINTIFFS-RESPONDENTS,

V

MERCHANTS MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


Defendant Merchants Mutual Insurance Company having moved for leave to appeal to the Court of Appeals from the order of this Court entered October 7, 2022,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 23, 2022

Ann Dillon Flynn

Clerk of the Court