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IMPERIUM INSURANCE COMPANY v. UTICA FIRST INSURANCE COMPANY

2014-02658

130 A.D.3d 574 (2015)

10 N.Y.S.3d 898

2015 NY Slip Op 05643

IMPERIUM INSURANCE COMPANY, as Subrogee of 438 East 117th Street LLC, Appellant, v. UTICA FIRST INSURANCE COMPANY, Respondent.

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

Decided July 1, 2015.

Ordered that the order is affirmed, with costs.

The Supreme Court properly, in effect, converted the defendant's motion pursuant to CPLR 3211 (a) to dismiss the complaint into a motion for summary judgment dismissing the complaint, as both parties made it "unequivocally clear that they were laying bare their proof and deliberately charting a summary judgment course" (Jamison v Jamison, 18 A.D.3d 710, 711 [2005] [brackets...

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