Alexander v. New York Central Mutual

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (David Michael Barry, J.), entered March 25, 2011. The judgment granted the motion of defendant for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing the complaint and granting judgment in favor of defendant as follows:

It is adjudged and declared that defendant is not obligated to indemnify plaintiff for any property theft losses arising from the burglary of plaintiffs residence on December 19, 2008, and as modified the…