Ordered that the judgment is affirmed, with costs.
The Supreme Court properly granted the plaintiff's cross motion for summary judgment based on the findings of a referee in a prior action, which was reduced to an order and judgment dated February 21, 2003.
Almost all of the claims made on appeal by the defendant, Eveready Insurance Company (hereinafter Eveready), rely extensively on evidence not considered by the Supreme Court, and matter which is not contained...
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