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Lmiii Realty, LLC, Edward Joy Company, and Joy Process Mechanical v. Gemini Insurance Company

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


December 23, 2011

LMIII REALTY, LLC, EDWARD JOY COMPANY, AND JOY PROCESS MECHANICAL
SYSTEMS,
PLAINTIFFS-RESPONDENTS,
v.
GEMINI INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL.,
DEFENDANT.
(APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered August 26, 2010.

LMIII Realty, LLC v Gemini Ins. Co.

Decided on December 23, 2011

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.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

The order denied the motion of defendant Gemini Insurance Company to dismiss and 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).

Entered: December 23, 2011

Frances E. Cafarell Clerk of the Court

20111223

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