FICARRA v. SECURITY MUTUAL INSURANCE CO.


303 A.D.2d 449 (2003)

757 N.Y.S.2d 59

NATALE FICARRA, Respondent-Appellant, v. SECURITY MUTUAL INSURANCE CO. et al., Appellants-Respondents.

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

Decided March 10, 2003.


Ordered that the order is modified, on the law, by (1) deleting the first decretal paragraph provision thereof, and (2) deleting the provision thereof denying the motion of the defendant Security Mutual Insurance Company for judgment as a matter of law, and substituting therefor a provision granting that motion; as so modified, the order is affirmed, with one bill of costs to the defendant Security Mutual Insurance Company, payable by the plaintiff, the complaint is dismissed...

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