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  5. 213 A.D.2d 607 (1995)
 

MERCHS. & BUS. MEN'S MUT. INS. v. SAVEMART, INC.

213 A.D.2d 607 (1995)

624 N.Y.S.2d 623

Merchants & Business Men's Mutual Insurance et al., Respondents, v. Savemart, Inc., Defendant, and CIGNA Property and Casualty Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 27, 1995

Ordered that the order is modified by deleting the provision thereof which denied the cross motion for summary judgment on the issue of coinsurance and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the defendant Cigna and the Merchants & Business Men's Mutual Insurance Company are...

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