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David Stephan v. Liberty Mutual Fire Insurance Company and Nancy Hess-Koller

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


April 29, 2011

DAVID STEPHAN,
PLAINTIFF-APPELLANT,
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY AND NANCY HESS-KOLLER,
DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 15, 2010.

Stephan v Liberty Mut. Fire Ins. Co.

Appellate Division, Fourth Department

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.

Decided on April 29, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

The order granted defendants' motion to dismiss the complaint.

HOGAN WILLIG, AMHERST (STEVEN M. COHEN OF COUNSEL), FOR PLAINTIFF-APPELLANT. HURWITZ & FINE, P.C., BUFFALO (ANDREA SCHILLACI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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