ANN CALI v. MERRIMACK MUTUAL FIRE INS. CO.


43 A.D.3d 415 (2007)

841 N.Y.S.2d 128

MARY ANN CALI, Respondent, v. MERRIMACK MUTUAL FIRE INS. CO., Appellant.

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

Decided August 14, 2007.


Ordered that the order is reversed, on the law, with costs, the plaintiff's cross motion for summary judgment on the issue of liability is denied, the defendant's motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that the defendant, Merrimack Mutual Fire Ins. Co., is not obligated to reimburse the plaintiff for the subject loss to her property.

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