Iafallo v. Nationwide Mutual Fire Insurance

Appeal from a judgment (denominated order) of Supreme Court, Erie County (Makowski, J.), entered May 9, 2001, which, inter alia, granted that part of plaintiff’s motion seeking a declaration.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs motion in its entirety and granting that part of the cross motion of defendant Nationwide Mutual Fire Insurance Company seeking summary judgment dismissing the complaint and dismissing the complaint and as modified the judgment is affirmed without costs.

Memorandum:…