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UNITED COMMUNITY INSURANCE COMPANY v. GREATER NEW YORK MUTUAL INSURANCE COMPANY

266 A.D.2d 453 (1999)

698 N.Y.S.2d 864

UNITED COMMUNITY INSURANCE COMPANY, Plaintiff, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Respondent, et al., Defendants, and HARRAN TRANSPORTATION COMPANY, INC., et al., Appellants. (And Other Actions.)

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

Decided November 22, 1999.

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

The Supreme Court providently exercised its discretion in considering the respondent's motion for summary judgment (see, Liss v Trans Auto Sys., 68 N.Y.2d 15, 20; Forte v Weiner, 214 A.D.2d 397, 398; McIvor v Di Benedetto, 121 A.D.2d 519, 522; see also, Aridas v...

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