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GRAZIOLI v. ENCOMPASS INSURANCE COMPANY

40 A.D.3d 696 (2007)

835 N.Y.S.2d 682

JOHN M. GRAZIOLI et al., Respondents, v. ENCOMPASS INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided May 8, 2007.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (7) to dismiss the second and third causes of action insofar as asserted against the defendant Encompass Insurance Company and to dismiss so much of the complaint as sought to recover attorneys' fees from the defendant Encompass Insurance Company, and substituting therefor provisions granting those branches...

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