Catskill Mountain Mechanical, LLC v. Marshall & Sterling Upstate, Inc.

Appeals (1) from an order of the Supreme Court (Benza, J.), entered September 21, 2004 in Albany County, which, among other things, denied defendant’s motion for summary judgment dismissing the complaint, and (2) from an order of said court (McNamara, J.), entered March 1, 2007, which denied plaintiffs motion to vacate a conditional order of preclusion and to reinstate the action to the trial calendar.

Plaintiff first obtained insurance from defendant, an insurance agency, in connection with plaintiff’s business of sheet metal fabrication in 1994. From 1994 to 2001, plaintiff obtained and…