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WALDRON v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

510970.

88 A.D.3d 1053 (2011)

930 N.Y.S.2d 687

2011 NY Slip Op 7151

WILLIAM WALDRON et al., Appellants, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY et al., Respondents.

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

Decided October 13, 2011.

Motion for reargument. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ordered that the motion is granted, without costs, and the memorandum and order decided and entered May 5, 2011 (84 A.D.3d 1480 [2011]) is vacated and the following memorandum and order is substituted therefor:

LAHTINEN, J.

This case involves a dispute as to whether plaintiff Alexandra

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