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UBAYDAH v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

8 A.D.3d 984 (2004)

778 N.Y.S.2d 618

YVONNE UBAYDAH, Individually and as Administrator of the Estate of CHRISTOPHER J. ROGALSKI, Deceased, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants, and TIM HORTON'S, a Wholly Owned Subsidiary of WENDY'S INTERNATIONAL, INC., et al., Respondents. (Action No. 1.) JAMES P. McCABE, II, et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants, and TIM HORTON'S, a Wholly Owned Subsidiary of WENDY'S INTERNATIONAL, INC., et al., Respondents. (Action No. 2.) VINCENT DiNATALE et al., Individually and as Administrators of the Estate of AMY LYNN DiNATALE, Deceased, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants, and TIM HORTON'S, a Wholly Owned Subsidiary of WENDY'S INTERNATIONAL, INC., et al., Respondents. (Action No. 3.) GERALD A. SEWAR, Individually and as Administrator of the Estate of CHARLENE SEWAR, Deceased, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants, and TIM HORTON'S, a Wholly Owned Subsidiary of WENDY'S INTERNATIONAL, INC., et al., Respondents. (Action No. 4.)

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

June 14, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from separate parts of the same order on appeal in DiNatale v State Farm Mut. Auto. Ins. Co. (5 A.D.3d 1123 [2004]). Plaintiffs contend herein that Supreme Court erred in dismissing all of the complaints and cross claims, "in their entirety [and] on the merits," on the various...

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