Fenske v. State Farm Mutual Automobile Insurance

Appeal and cross appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, A.J.), entered July 9, 2003. The order denied defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment.

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

Memorandum: Plaintiff was injured in a motor vehicle accident and commenced this action after defendant, his insurer, refused to provide him with supplemental underinsured motorist benefits. Defendant moved for summary…