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IMRIE v. RATTO

59068, Index No. 61841, RJI No. 56-1-2016-0052.

2019 NY Slip Op 50845(U)

DANIEL F. IMRIE, II, Plaintiff, v. ANDREW R. RATTO, EDWARD AND THOMAS O'CONNOR, INC., MIDLAND FUNDING, LLC and ERIE INSURANCE COMPANY, Defendants. Action 1. DANIEL F. IMRIE, II, INDIVIDUALLY and AS ASSIGNEE OF ANDREW RATTO and RATTO RESTORATIONS, INC., Plaintiff, JEFFREY D. HOWARD, ADIRONDACK REGIONAL INSURANCE AGENCY, INC. and ERIE INSURANCE COMPANY, Defendants. Action 2. DANIEL F. IMRIE, II, INDIVIDUALLY and AS ASSIGNEE OF ANDREW RATTO and RATTO RESTORATIONS, INC., Plaintiff, v. JEFFREY D. HOWARD, ADIRONDACK REGIONAL INSURANCE AGENCY, INC. and ERIE INSURANCE COMPANY, Defendants. Action 2.

Supreme Court, Warren County.

Decided May 10, 2019.

Attorney(s) appearing for the Case

The Clements Firm, Glens Falls ( Thomas G. Clements of counsel), for plaintiff in both actions.

Ruup, Baase, Pfalzgraf, Cunningham & Coppolla, LLC, Buffalo ( Marco Cercone and Robert M. Zielinski of counsel), for Erie Insurance Company, defendant in both actions.

Maynard, O'Connor , Smith & Catalinotto, LLP, Albany ( Lia B. Mitchell of counsel), for Jeffrey D. Howard and Adirondack Regional Insurance Agency, Inc., defendants in Action 2.

On or about June 1, 2010, plaintiff Daniel F. Imrie II ("plaintiff" or "Imrie") sold his car repair business and accompanying garage located at 894 Ridge Road, Queensbury, New York ("the premises") to defendant Andrew J. Ratto ("Ratto"). As part of the transaction, Ratto executed and delivered two promissory notes to Imrie...

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