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CARCONE v. D'ANGELO INSURANCE AGENCY

302 A.D.2d 963 (2003)

755 N.Y.S.2d 173

EUGENE A. CARCONE et al., Appellants, v. D'ANGELO INSURANCE AGENCY, Defendant, and AMERICAN STATES INSURANCE COMPANY, Respondent. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 7, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant American States Insurance Company is reinstated.

Memorandum:

Although American States Insurance Company (defendant) moved to dismiss the complaint against it under CPLR 3211 (a) (1) and (7), Supreme Court issued a written decision specifying that it was granting the motion "for...

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