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MTR OF MERRIMACK v. SEIBERT

2010/12682

31 Misc.3d 523 (2011)

917 N.Y.S.2d 839

In the Matter of MERRIMACK MUTUAL FIRE INSURANCE COMPANY, for the Appointment of an Umpire Pursuant to Insurance Law Section 3408, Petitioner, v. DOUGLAS SEIBERT, Respondent.

Supreme Court, Monroe County.

Decided February 10, 2011.

Attorney(s) appearing for the Case

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo ( R. Anthony Rupp, III , of counsel), for petitioner.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo ( Charles Ritter of counsel), for respondent.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The petitioner, Merrimack Mutual Fire Insurance Company, submits this motion seeking an order granting petitioner's application for the appointment of an umpire and limiting the determination of the appraisal to the actual cash value of damage. The respondent, Douglas Seibert, submits a cross motion seeking an order (i) appointing an umpire to act without limitation,...

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