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AZZATO v. ALLSTATE INS. CO.

2011-11254.

99 A.D.3d 643 (2012)

951 N.Y.S.2d 726

2012 NY Slip Op 6571

RAYMOND AZZATO et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

October 3, 2012.

Ordered that the order dated September 6, 2011, is modified, on the law, (1) by deleting the provision thereof, upon reargument, in effect, vacating the determination in the order dated June 7, 2010, granting that branch of the defendant's motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Raymond Azzato, and thereupon denying that branch of the motion and the alternative branch of...

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