UTICA NATIONAL INSURANCE GROUP v. OUR TOUCH, INC.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 957 CA 13-00191 PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ. UTICA NATIONAL INSURANCE GROUP, AS SUBROGEE OF MARIANNE ELLIS AND MARK ELLIS, PLAINTIFF-RESPONDENT, V ORDER OUR TOUCH, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANT. 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. 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. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: September 27, 2013 Frances E. Cafarell Clerk of the Court