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COZZA v. AETNA INS. CO.

243 A.D.2d 441 (1997)

665 N.Y.S.2d 277

Salvatore Cozza, as Administrator of The Estate of Joseph Cozza, Deceased, Respondent, v. Aetna Insurance Company et al., Appellants, and State Farm Mutual Automobile Insurance Company et al., Respondents

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

October 6, 1997

Ordered that the order is affirmed, with costs.

There are issues of fact as to, inter alia, credibility, which preclude the granting of summary judgment (see, Doo Won Choi v B.H.N.V. Realty Corp., 240 A.D.2d 619; Petrone v Thorton, 166 A.D.2d 513; Mortimer v Lynch, 119 A.D.2d 558...

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