Hall v New York Cent. Mut. Fire Ins. Co., 2022 NY Slip Op 07369 [211 AD3d 1587]

December 23, 2022

Appellate Division, Fourth Department

[*1]

Michael Hall et al., Respondents,

v

New York Central Mutual Fire Insurance Company, Appellant. (Appeal No. 2.)

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Gregory S. Gaglione, Jr., of counsel), for defendant-appellant.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Christopher M. Berloth of counsel), for plaintiffs-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Gail Donofrio, J.), entered August 23, 2021. The order and judgment awarded plaintiffs a money judgment against defendant.

It is hereby ordered that the order and judgment so appealed from is unanimously vacated, the order entered August 11, 2021, is reversed on the law without costs, the cross motion is denied, the motion is granted and the complaint is dismissed.

Same memorandum as in Hall v New York Cent. Mut. Fire Ins. Co. ([appeal No. 1] 211 AD3d 1585 [4th Dept 2022]). Present—Smith, J.P., Peradotto, Curran, Winslow and Montour, JJ..