VOSS, DEBORAH v. THE NETHERLANDS INSURANCE COMPANY

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 284 CA 11-02143 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ. DEBORAH VOSS, PROP-CO, LLC, CLASSI PEOPLE, INC., DOING BUSINESS AS SERTINO’S CAFÉ, AND DREAM PEOPLE, INC., DOING BUSINESS AS SHIVER MODEL, PLAINTIFFS-APPELLANTS, V ORDER THE NETHERLANDS INSURANCE COMPANY, D.R. CASEY CONSTRUCTION CORP., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) DIRK J. OUDEMOOL, SYRACUSE, FOR PLAINTIFFS-APPELLANTS. SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (KAREN J. KROGMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT D.R. CASEY CONSTRUCTION CORP. MURA & STORM, PLLC, BUFFALO (SCOTT D. STORM OF COUNSEL), FOR DEFENDANT-RESPONDENT THE NETHERLANDS INSURANCE COMPANY. Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered June 8, 2011. The order granted the motion of defendant The Netherlands Insurance Company and the cross motion of defendant D.R. Casey Construction Corp. for partial summary judgment. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court