Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: A fire destroyed plaintiff's premises located at 8742-8748 Buffalo Avenue in the City of Niagara Falls on December 6, 1996. The premises were insured under a policy issued by defendant. Plaintiff submitted a claim for $479,993.98, but defendant paid only $254,040.60 on the claim. Plaintiff contends that, during negotiations over the difference, defendant...
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