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Hriczko Successful on Motion to Dismiss


May 2016 — On May 12, 2016 and on behalf of Allstate Insurance Company, Nicholas M. Hriczko successfully argued a motion to dismiss on the grounds that the third-party complaint failed to state a cause of action upon which relief could be granted.  The motion was heard before the Honorable Mark Grisanti in Erie County Supreme Court. 

The court ruled that Mr. Hriczko had met his burden by establishing that the defendants/third-party plaintiffs maintained no contractual relationship with Allstate; and therefore, were not legally entitled to seek contribution from Allstate as the plaintiff's SUM carrier.  Therefore, the court granted Mr. Hriczko's motion in all respects and dismissed the defendants/third-party plaintiffs' complaint against Allstate Insurance Company in its entirety.

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