LEO v. NEW YORK CENT. MUT. FIRE INS. CO.

1305 CA 15-00978.

136 A.D.3d 1333 (2016)

24 N.Y.S.3d 567

2016 NY Slip Op 00846

MARK A. LEO, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided February 5, 2016.


Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered November 4, 2014 in a declaratory judgment action. The judgment granted the motion of defendant for summary judgment, dismissed the complaint and denied the cross motion of plaintiff for partial summary judgment.

It is hereby ordered that the judgment so appealed from is modified on the law by reinstating the complaint to the extent that it...

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