Skip to content

Erie Ins. Co. v Children’s Palace Childcare Ctr., Inc., 2024 NY Slip Op 05726 [232 AD3d 1301]

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., Respondent, et al., Defendants. (Appeal No. 2.)

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

Lipsitz Green Scime Cambria LLP, Buffalo (Patrick J. Mackey of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Christopher S. Ciaccio, A.J.), entered March 2, 2023. The order granted the motion of defendant Children’s Palace Childcare Center, 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..