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Griffith Oil Company, Inc., Big Flats v. National Union Fire Insurance Company of Pittsburgh

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

GRIFFITH OIL COMPANY, INC., BIG FLATS REALTY, INC., AND E. PHILLIP SAUNDERS, AS TRUSTEE,
PLAINTIFFS-APPELLANTS,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.,
DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered March 26, 2008 in a declaratory judgment action.

995

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.

ORDER

(APPEAL NO. 1.)

The judgment granted the motion of defendant National Union Fire Insurance Company of Pittsburgh, Pa. for partial summary judgment and denied that part of the cross motion of plaintiffs for summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).

Patricia L. Morgan Clerk of the Court

20091230

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