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GREAT AMERICAN INSURANCE COMPANY v. CANANDAIGUA NATIONAL BANK AND TRUST COMPANY

45 A.D.3d 1299 (2007)

846 N.Y.S.2d 498

GREAT AMERICAN INSURANCE COMPANY, Appellant, v. CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, Respondent. (And a Third-Party Action.) (Appeal No. 1.)

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

Decided November 9, 2007.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied, and the judgment entered November 18, 2004 is reinstated.

Memorandum:

Plaintiff commenced this action seeking damages in the sum of $300,000 plus interest and costs on theories of breach of contract, negligence, and breach of fiduciary duty. Plaintiff previously moved for summary judgment on the complaint...

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