Opinion
1003 CA 16–01854
10-05-2018
JEFFREY'S AUTO BODY, INC., Plaintiff–Appellant, v. GEICO INDEMNITY COMPANY, Government Employees Insurance Company, Geico General Insurance Company, and Geico Casualty Insurance Company, Defendants–Respondents. (Appeal No. 2.)
BOUSQUET HOLSTEIN PLLC, SYRACUSE (CECELIA R.S. CANNON OF COUNSEL), FOR PLAINTIFF–APPELLANT. GOLDBERG SEGALLA LLP, SYRACUSE (JONATHAN SCHAPP, Buffalo, OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.
BOUSQUET HOLSTEIN PLLC, SYRACUSE (CECELIA R.S. CANNON OF COUNSEL), FOR PLAINTIFF–APPELLANT.
GOLDBERG SEGALLA LLP, SYRACUSE (JONATHAN SCHAPP, Buffalo, OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.
PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order and judgment so appealed from is unanimously modified on the law by denying the motion in part and reinstating the first cause of action, and the third cause of action to the extent that it is asserted on behalf of plaintiff itself, and as modified the order and judgment is affirmed without costs.
Same memorandum as in Nick's Garage, Inc. v. Geico Indemnity Co. (Appeal No. 1), 165 A.D.3d 1621, 85 N.Y.S.3d 660, 2018 WL 4845676 (Oct. 5, 2018) (4th Dept. 2018).