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Henner v. Everdry Marketing and Management

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


June 11, 2010

MICHAEL HENNER AND ELIZABETH HENNER, PLAINTIFFS-APPELLANTS-RESPONDENTS,
v.
EVERDRY MARKETING AND MANAGEMENT, INC., ET AL., DEFENDANTS,
CONTINENTAL CASUALTY COMPANY, TRANSPORTATION INSURANCE COMPANY, AND AMERICAN CASUALTY COMPANY OF READING, PA, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered June 12, 2009. The order denied in part the motion of defendants Continental Casualty Company, Transportation Insurance Company, and American Casualty Company of Reading, PA for summary judgment dismissing the complaint against them.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J. P., CARNI, LINDLEY, SCONIERS, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in its entirety and reinstating the complaint in its entirety against defendants Continental Casualty Company, Transportation Insurance Company, and American Casualty Company of Reading, PA and as modified the order is affirmed without costs.

Same Memorandum as in Henner v Everdry Mktg. and Mgt., Inc. ([appeal No. 1] ___ AD3d ___ [June 11, 2010]).

20100611

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