MSCICHOWSKI v. MLMIC INS. CO.

7 CA 23-00416.

2024 NY Slip Op 02391

BOGDAN MSCICHOWSKI, M.D., Plaintiff-Appellant, v. MLMIC INSURANCE COMPANY, FORMERLY KNOWN AS MEDICAL LIABILITY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

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

Decided May 3, 2024.


Attorney(s) appearing for the Case

ROTHENBERG LAW, ROCHESTER ( DAVID ROTHENBERG OF COUNSEL), AND CERULLI, MASSARE & LEMBKE, FOR PLAINTIFF-APPELLANT.

RIVKIN RADLER LLP, UNIONDALE ( JOANNE M. ENGELDRUM OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.


Appeal from an order and judgment (one paper) of the Supreme Court, Monroe County (Gail Donofrio, J.), entered February 1, 2023, in a declaratory judgment action. The order and judgment denied the motion of plaintiff for partial summary judgment, granted the cross-motion of defendant for summary judgment and declared that defendant has no duty to defend or indemnify plaintiff in the underlying action.

It is hereby ORDERED that the order and judgment so appealed from...

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