LMIII REALTY, LLC v. GEMINI INSURANCE COMPANY ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1298 CA 11-00926 PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ. LMIII REALTY, LLC, EDWARD JOY COMPANY, AND JOY PROCESS MECHANICAL SYSTEMS, PLAINTIFFS-RESPONDENTS, V ORDER GEMINI INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 1.) COUGHLIN DUFFY LLP, NEW YORK CITY (JUSTIN N. KINNEY OF COUNSEL), FOR DEFENDANT-APPELLANT. SUGARMAN LAW FIRM, LLP, SYRACUSE (TIMOTHY J. PERRY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered August 26, 2010. The order denied the motion of defendant Gemini Insurance Company to dismiss and for summary judgment. It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985). Entered: December 23, 2011 Frances E. Cafarell Clerk of the Court