WIRTH v. LIBERTY MUT. INS. CO.

989 CA 14-00139

122 A.D.3d 1364 (2014)

997 N.Y.S.2d 552

2014 NY Slip Op 08148

DONALD WIRTH et al., Respondents, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided November 21, 2014.


Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered June 11, 2013. The order, inter alia, denied defendant's cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the cross motion seeking to strike the claim for funeral expenses and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action...

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