GRAY JR. v. JIM CUTTITA AGENCY, INC.


281 A.D.2d 785 (2001)

722 N.Y.S.2d 289

ANDREW GRAY, JR., et al., Appellants, v. JIM CUTTITA AGENCY, INC., et al., Respondents.

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

Decided March 15, 2001.


Carpinello, J.

Plaintiffs commenced this action in September 1994 seeking damages under two insurance policies after a fire destroyed certain personal property and a structure on their property. A note of issue was filed on January 21, 1997. After unresolved discovery issues were cited by defendants in an ensuing motion to strike the note of issue, the case was stricken from the trial calendar, on consent, by a February 14, 1997 order. Following nearly 2½ years...

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