UTICA MUTUAL INSURANCE COMPANY v. McATEER & FITZGERALD, INC.

1354.1 CA 09-02448.

78 A.D.3d 1612 (2010)

911 N.Y.S.2d 540

UTICA MUTUAL INSURANCE COMPANY, Appellant, v. McATEER & FITZGERALD, INC., et al., Defendant. (Appeal No. 1.)

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

Decided November 12, 2010.


It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the determination that plaintiff's release of defendant Michael J. McAteer without reserving any rights against the remaining defendants reduced their liability, and as modified the order is affirmed without costs.

Memorandum: Plaintiff appeals from an order denying its motion for summary judgment on the complaint in this breach of contract action. We affirm. Contrary...

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