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KAMENS v. UTICA MUTUAL INSURANCE COMPANY

6 A.D.3d 1245 (2004)

775 N.Y.S.2d 735

MELISSA D. KAMENS et al., Respondents, v. UTICA MUTUAL INSURANCE COMPANY et al., Defendants, and VIOLETTA Q. DICKINSON, as Personal Representative of the Estate of CHARLES G. DICKINSON, Deceased, Intervenor-Appellant. (Appeal No. 2.)

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

April 30, 2004.

It is hereby ordered that the order insofar as appealed from be and the same hereby is reversed on the law without costs, the fifth ordering paragraph is vacated, and the complaint against intervenor-defendant is dismissed.

Same memorandum as in Kamens v Utica Mut. Ins. Co. (6 A.D.3d 1237 [2004]).

All concur except Pigott, Jr., P.J. and Hayes, J., who dissent and vote to affirm in the same dissenting memorandum as...

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