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B.R. FRIES & ASSOCIATES, LLC v. ILLINOIS UNION INSURANCE COMPANY

5426, 5426A, 109557/07, 5426B.

89 A.D.3d 619 (2011)

934 N.Y.S.2d 10

2011 NY Slip Op 8628

B.R. FRIES & ASSOCIATES, LLC, et al., Respondents, v. ILLINOIS UNION INSURANCE COMPANY et al., Appellants, et al., Defendants.

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

Decided November 29, 2011.

Defendants contend that this action should be dismissed because plaintiffs sustained no damages, since Zurich paid all their legal fees and expenses in the underlying personal injury action. Under the circumstances, forcing Zurich to commence another action in its own name would not "secure the just, speedy and inexpensive determination" of this action (see CPLR 104). We note that the policy that Zurich issued to plaintiff...

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