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BAKOS v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

CA 10-01116.

83 A.D.3d 1485 (2011)

920 N.Y.S.2d 552

WALTER R. BAKOS, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

Decided April 1, 2011.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, a declaration that defendant is obligated to perform under the homeowner's insurance policy that it issued to plaintiff. We conclude that Supreme Court properly denied those parts of defendant's motion to dismiss the first cause of action pursuant to CPLR 3211 (a) (1) and (7)....

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