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KUNTZ v. NAT'L GRANGE MUT. INS. CO.

224 A.D.2d 1029 (1996)

638 N.Y.S.2d 385

Jerry R. Kuntz et al., Respondents, v. National Grange Mutual Insurance Company, Appellant

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

February 2, 1996

Judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs and judgment granted in accordance with the following Memorandum: Because plaintiffs sought declaratory relief, Supreme Court erred in failing to make a declaration when it awarded summary judgment to plaintiffs (see, Matter of Bozer v Higgins, 204 A.D.2d 979, 980). Thus, we modify the judgment on appeal by granting judgment in favor...

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