WEISS v. TRI-STATE CONSUMER INS. CO.

2011-05309.

98 A.D.3d 1107 (2012)

951 N.Y.S.2d 191

2012 NY Slip Op 6294

ELLA WEISS et al., Individually and as Administratrices of the Estates of ANTON GOLDBERG and RIFKA GOLDBERG, Deceased, Respondents, v. TRI-STATE CONSUMER INSURANCE COMPANY, Appellant.

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

September 26, 2012.


Ordered that the order is reversed, on the law, with costs, those branches of the plaintiffs' motion which were, in effect, for summary judgment determining that the amount of supplementary uninsured/underinsured motorist coverage available to the plaintiffs pursuant to the subject insurance policy is $400,000 and to dismiss the third and fourth affirmative defenses pursuant to CPLR 3211 are denied, and the defendant's cross motion, in effect, for summary judgment determining...

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