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PRECISION AUTO ACCESSORIES, INC. v. UTICA FIRST INSURANCE COMPANY

52 A.D.3d 1198 (2008)

859 N.Y.S.2d 799

PRECISION AUTO ACCESSORIES, INC., Respondent-Appellant, v. UTICA FIRST INSURANCE COMPANY, Appellant-Respondent, et al., Defendants.

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

Decided June 6, 2008.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion and as modified the order is affirmed without costs, and judgment is granted in favor of defendant Utica First Insurance Company as follows:

"It is ADJUDGED and DECLARED that defendant Utica First Insurance Company is not obligated to indemnify plaintiff for the fire loss in question."

Memorandum:

Plaintiff sought to recover under its policy...

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