Erie Ins. Co. v Children’s Palace Childcare Ctr., Inc., 2024 NY Slip Op 05723 [232 AD3d 1300]

November 15, 2024

Appellate Division, Fourth Department

[*1]

Erie Insurance Company, as Subrogee of Mac’s Pizzeria & Grill Corp., et al., Appellant,

v

Children’s Palace Childcare Center, Inc., Defendant, and Dell, Inc., et al., Respondents. (Appeal No. 1.)

Rupp Pfalzgraf LLC, Buffalo (Brandon Snyder of counsel), for plaintiff-appellant.

Law Office of David Tennant PLLC, Rochester (David H. Tennant of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Christopher S. Ciaccio, A.J.), entered February 23, 2023. The order granted the motion of defendants Dell, Inc., and Dell, Inc., doing business as Dell Computers, Inc. for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Bannister, Montour, Greenwood and Keane, JJ. [Prior Case History: 78 Misc 3d 1075.].