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STATE OF NEW YORK EX REL. SEIDEN v. UTICA FIRST INS. CO.

114881/09, 6476.

96 A.D.3d 67 (2012)

943 N.Y.S.2d 36

2012 NY Slip Op 3117

STATE OF NEW YORK ex rel. TONY SEIDEN et al., Respondents, v. UTICA FIRST INSURANCE COMPANY, Appellant, et al., Defendants.

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

April 24, 2012.

Attorney(s) appearing for the Case

Satterlee Stephens Burke & Burke LLP, New York City ( Thomas J. Cahill , Glenn Edwards and Michael H. Gibson of counsel), for appellant.

Balestriere Fariello , New York City ( John G. Balestriere of counsel), for respondents.

SAXE, J.P., SWEENY, MANZANET-DANIELS and ROMÁN, JJ., concur with MOSKOWITZ, J.

OPINION OF THE COURT

MOSKOWITZ, J.

While we agree that reverse false claims are viable under the New York False Claims Act (State Finance Law § 187 et seq.) (NYFCA), we do not agree that plaintiff has stated one. We therefore reverse and dismiss the amended complaint as against defendant Utica First Insurance Company (Utica).

Defendant Utica is an insurance company that issued "artisan policies" to defendant contractors and others. It...

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