PRATZ v. WAYNE COOP. INS. CO.


187 Misc.2d 894 (2001)

724 N.Y.S.2d 293

JAMES W. PRATZ, as Administrator of the Estate of CHARLES R. PRATZ, Deceased, Plaintiff, v. WAYNE COOPERATIVE INSURANCE COMPANY, Defendant. (And Another Action.)

Supreme Court, Seneca County.

April 18, 2001.


Attorney(s) appearing for the Case

Michael & Smolak, P. C. (Michael G. Bersani of counsel), for plaintiff.

Villani & Grow, P. C. (Anthony J. Villani of counsel), for defendant.


OPINION OF THE COURT

DENNIS F. BENDER, J.

The plaintiff in these actions sued the defendant for breach and reformation of an insurance contract. He now moves for partial summary judgment pursuant to CPLR 3212 on the issue of liability. The defendant cross-moves for summary judgment, asking this Court to rule as a matter of law that the insurance company has no liability towards plaintiff, either in his capacity...

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