September 27, 2013
UTICA NATIONAL INSURANCE GROUP, AS SUBROGEE OF MARIANNE ELLIS AND MARK ELLIS, PLAINTIFF-RESPONDENT,
OUR TOUCH, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 11, 2012. The order, among other things, denied the motion of defendant Our Touch, Inc., seeking summary judgment dismissing the amended complaint.
CARTAFALSA, SLATTERY, TURPIN & LENOFF, BUFFALO (PHYLISS A. HAFNER OF COUNSEL), FOR DEFENDANT-APPELLANT.
FELDMAN KIEFFER, LLP, BUFFALO (ADAM C. FERRANDINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.