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GATTI v. ALLIANCE GROUP

189 Misc.2d 252 (2000)

731 N.Y.S.2d 327

JOHN R. GATTI et al., Plaintiffs, v. ALLIANCE GROUP OF WESTERN NEW YORK et al., Defendants.

Supreme Court, Monroe County.

November 3, 2000.

Attorney(s) appearing for the Case

Cerulli, Massare & Lembke, Rochester (Edward J. Massare of counsel), for plaintiffs.

Lustig & Brown, L. L. P., Buffalo (Katherine A. Fijal of counsel), for Alliance Group of Western New York, defendant.

Brown & Tarantino, L. L. P., Rochester (Thomas Bernacki of counsel), for Merchants Insurance Group, defendant.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The plaintiffs, John R. Gatti and Andrew Scharney (Gatti), submit a motion seeking an order dismissing the defendants' answers in the above-entitled action and directing partial summary judgment be entered in favor of plaintiffs and against the defendants, Alliance Group of Western New York (Alliance) and Merchants Insurance Group (Merchants), upon the ground that there...

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