D.R. WATSON HOLDINGS, LLC v. CALIBER ONE INDEMNITY COMPANY


15 A.D.3d 969 (2005)

789 N.Y.S.2d 787

D.R. WATSON HOLDINGS, LLC, et al., Respondents, v. CALIBER ONE INDEMNITY COMPANY, Appellant.

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

February 4, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion seeking to confirm the appraisal award and by providing in the penultimate ordering paragraph that the amount of damages is the actual cash value of the heating system and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following...

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