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GALLO v. TRAVELERS PROPERTY CASUALTY

21 A.D.3d 1379 (2005)

801 N.Y.S.2d 849

FRANK GALLO, Appellant, v. TRAVELERS PROPERTY CASUALTY, Respondent.

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

September 30, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, defendant's motion is denied, the complaint is reinstated, plaintiff's motion is granted, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this action to recover insurance proceeds for a building damaged by a fire...

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