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BANKDIRECT CAPITAL FIN. v. INSURANCE CO. OF STATE OF PA

120 A.D.3d 601 (2014)

2014 NY Slip Op 05824

BANKDIRECT CAPITAL FINANCE, a Division of TEXAS CAPITAL BANK, N.A., as Assignee of Standard Funding Corp., Appellant, v. INSURANCE COMPANY OF STATE OF PA, Respondent.

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

Decided August 20, 2014.

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), entered March 15, 2013, as denied its motion for summary judgment on the complaint and granted that branch of the defendant's cross motion which was pursuant to 11 USC § 362 (a) to stay the action.

Ordered that the order is modified, on the law, by deleting the

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