AUSSIE CONSTRUCTION CORP. v. EMPIRE INSURANCE CO.


292 A.D.2d 220 (2002)

738 N.Y.S.2d 567

AUSSIE CONSTRUCTION CORP., Respondent-Appellant, v. EMPIRE INSURANCE CO., Appellant-Respondent.

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

Decided March 12, 2002.


There was no dispute as to plaintiff's overpayment for a general liability policy issued by defendant, and the court properly granted plaintiff partial summary judgment on its claim to recover the overpayment. The record, however, establishes, and the parties agree, that the amount of the ordered award to plaintiff for its overpayment was the result of an inadvertent error introduced in motion papers and that the correct figure is $39,341, and we modify accordingly.

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