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T.D.H. LAFAYETTE INDUS., INC. v. ATL. MUT. INS. CO.

229 A.D.2d 526 (1996)

644 N.Y.S.2d 1022

T.D.H. Lafayette Industries, Inc., Respondent, v. Atlantic Mutual Insurance Company, Appellant, et al., Defendant

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

July 22, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that there remain material issues of fact as to whether the plaintiff complied with the insurance policy by cooperating with the appellant insurer's investigation of the claimed loss (see generally, Pawtucket Mut. Ins. Co. v Soler, 184 A.D.2d 498

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