Liberty Mutual Insurance v. Old Republic Commercial General Insurance (23 A.D.3d 1007, 2005)

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 7, 2005. The judgment, inter alia, granted defendants’ cross motion for summary judgment, in a declaratory judgment action.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Green, J.P, Hurlbutt, Scudder, Gorski and Lawton, JJ.