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YODA, LLC v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

50 A.D.3d 492 (2008)

858 N.Y.S.2d 14

YODA, LLC, et al., Respondents, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, et al., Defendants.

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

Decided April 22, 2008.

Inasmuch as no discovery has been conducted in this matter, and contrary to the IAS court's observation, National Union did object to entertaining the motion for summary judgment, the court erred in ruling on it at this juncture (see Primedia Inc. v SBI USA LLC, 43 A.D.3d 685 [2007]; see also City of Rochester v Chiarella, 65 N.Y.2d 92, 101 [1985]). A judgment for plaintiffs on the merits...

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