*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1080

CA 13-02230

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ. JEFFREY’S AUTO BODY, INC., PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER GEICO GENERAL INSURANCE COMPANY,

DEFENDANT-APPELLANT.

(APPEAL NO. 4.)

GOLDBERG SEGALLA LLP, SYRACUSE (MATTHEW S. LERNER OF COUNSEL), FOR DEFENDANT-APPELLANT.

BOUSQUET HOLSTEIN PLLC, SYRACUSE (ROBERT K. WEILER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered April 3, 2013. The order, among other things, denied in part defendant’s motion to dismiss the complaint.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting that part of defendant’s motion seeking dismissal of the second cause of action, and as modified the order is affirmed without costs.

Same Memorandum as in Jeffrey’s Auto Body, Inc. v Allstate Ins. Co. ([appeal No. 1] ___ AD3d ___ [Feb. 6, 2015]).

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court