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MATTICE v. AMICA MUT INS CO

105 Misc.2d 207 (1980)

Mark Mattice, Plaintiff, v. Amica Mutual Insurance Company, Defendant.

Supreme Court, Special Term, Albany County.

July 25, 1980.

Attorney(s) appearing for the Case

Louis-Jack Pozner for plaintiff. Carter, Conboy, Bardwell, Case & Blackmore (Randall J. Ezick of counsel), for defendant.

LAWRENCE E. KAHN, J.

This is a motion for an order pursuant to CPLR 3211 (subd [a], par 7) and subdivision 1 of section 675 of the Insurance Law, dismissing those portions of plaintiff's complaint seeking attorneys' fees on behalf of plaintiff, incurred in the prosecution of this action upon the grounds that said pleading fails to state a cause of action.

The action seeks a declaration that defendant has wrongfully failed to pay certain no-fault...

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