CATERPILLAR INS. CO. v. METRO CONSTR. EQUITIES

2013-08108

130 A.D.3d 856 (2015)

14 N.Y.S.3d 128

2015 NY Slip Op 06206

CATERPILLAR INSURANCE COMPANY, Respondent, v. METRO CONSTRUCTION EQUITIES, Appellant.

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

Decided July 22, 2015.


Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof denying that branch of the defendant's cross motion which was for summary judgment declaring that the plaintiff is not entitled to deny coverage based on the defendant's failure to provide a sworn proof of loss statement, and substituting therefor a provision granting that branch of the cross motion, (2) by deleting the provision thereof granting that branch of the plaintiff...

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