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LYNCH v. PREFERRED MUT. INS. CO.

1034 CA 20-00258.

194 A.D.3d 1460 (2021)

147 N.Y.S.3d 841

2021 NY Slip Op 02958

Ryan Lynch, Respondent-Appellant, v. Preferred Mutual Insurance Company, Appellant-Respondent.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

COSTELLO, COONEY & FEARON, PLLC, CAMILLUS ( ERIN K. SKUCE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

LONGSTREET & BERRY, LLP, FAYETTEVILLE ( MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Centra, J.P., Lindley, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the amended order so appealed from is unanimously modified on the law by granting defendant's motion, dismissing the complaint, and granting judgment on the counterclaim in favor of defendant as follows:

It is adjudged and declared that defendant is not obligated to provide coverage for the losses alleged in plaintiff's complaint, and as modified the amended order is affirmed without costs.

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