KANE v. UTICA FIRST INSURANCE COMPANY

1345 KA 06-03244

68 A.D.3d 1667 (2009)

2009 NY Slip Op 9754

890 N.Y.S.2d 878

ROBERTA A. KANE, Individually and as Parent and Natural Guardian of SARAH ANNE KANE, an Infant, Appellant, v. UTICA FIRST INSURANCE COMPANY et al., Respondents.

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

Decided December 30, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the amended complaint is reinstated.

Memorandum: Plaintiff commenced this action, individually and on behalf of her daughter, seeking damages for injuries sustained by plaintiff and her daughter as a result of their alleged exposure to toxic mold in their home resulting from the activity of defendant...

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