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UNIRISC, INC. v. WALTON P. DAVIS MOVING AND STORAGE CO., INC.

7 A.D.3d 786 (2004)

776 N.Y.S.2d 873

UNIRISC, INC., Appellant, v. WALTON P. DAVIS MOVING AND STORAGE CO., INC., Respondent.

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

May 24, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the plaintiff's cross motion for summary judgment only to the extent of awarding it $500. In its papers in support of the cross motion, the plaintiff clearly and repeatedly indicated that it was seeking to recover the deductible on an insurance policy issued to the defendant, and that it was not seeking to recover based upon a separate agreement entered into...

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