Gallo v. Travelers Property Casualty

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered August 31, 2004. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs motion for summary judgment.

It is hereby ordered that the order so appealed from be and *1380the same hereby is unanimously reversed on the law with costs, defendant’s motion is denied, the complaint is reinstated, plaintiff’s motion is granted, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with thefollowing memorandum: Plaintiff commenced this…