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MATTER OF AUTOONE INSURANCE COMPANY v. HUTCHINSON

2009-07173, 2009-08273.

71 A.D.3d 1011 (2010)

898 N.Y.S.2d 161

In the Matter of AUTOONE INSURANCE COMPANY, Appellant, v. KENRICK HUTCHINSON et al., Respondents, and NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Proposed Additional Respondent, et al., Proposed Additional Respondent.

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

Decided March 23, 2010.

Ordered that the appeal from the order entered July 20, 2009, is dismissed, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the order entered May 13, 2009, is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Westchester County, for an evidentiary hearing to determine whether Nationwide Mutual Fire Insurance Company validly disclaimed...

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