Nick's Garage, Inc. v. Liberty Mutual Fire Insurance

Appeal from an order of the Supreme Court, Onondaga County (James E Murphy, J.), entered June 10, 2013. The order denied the motion of defendant to dismiss in part plaintiff’s second amended complaint.

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

Memorandum: Plaintiffs in these two appeals operate automobile repair shops, and they commenced these actions to recover payment for repairs performed on behalf of various assignors, including persons involved in accidents with defendant’s insureds (see generally 11 NYCRR 216.7 [a] [2]). Insofar as…