Opinion
2015-07-10
KOVALSKY–CARR ELECTRIC SUPPLY CO., INC., Plaintiff–Respondent, v. HARTFORD CASUALTY INSURANCE COMPANY and Eastcoast Electric, LLC, Defendants–Appellants. (Appeal No. 2.).
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered September 23, 2014. The order, among other things, granted the motion of plaintiff to strike the answer and counterclaims of defendants and denied the cross motion of defendants to consolidate. Adams Bell Adams, P.C., Rochester (Anthony J. Adams, Jr., of Counsel), for Defendants–Appellants. Relin, Goldstein & Crane LLP, Rochester, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Plaintiff–Respondent.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered September 23, 2014. The order, among other things, granted the motion of plaintiff to strike the answer and counterclaims of defendants and denied the cross motion of defendants to consolidate.
Adams Bell Adams, P.C., Rochester (Anthony J. Adams, Jr., of Counsel), for Defendants–Appellants. Relin, Goldstein & Crane LLP, Rochester, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Plaintiff–Respondent.
Same memorandum as in Kovalsky–Carr Elec. Supply Co., Inc. v Hartford Cas. Ins. Co. (Appeal No. 1) ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2015 WL 4139433 (July 10, 2015).
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying in part plaintiff's motion and reinstating the first counterclaim, and as modified the order is affirmed without costs.