NICASTRO v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

214 CA 16-00989.

148 A.D.3d 1737 (2017)

2017 NY Slip Op 02529

50 N.Y.S.3d 736

RYAN NICASTRO, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided March 31, 2017.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing defendant's seventh affirmative defense, and by denying the cross motion, and reinstating plaintiff's claim for full replacement cost, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this breach of contract action seeking, inter alia, a determination that he is entitled to full replacement cost coverage...

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