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MATSIL v. UTICA FIRST INSURANCE COMPANY

2016-00734. Index No. 604676/15.

150 A.D.3d 982 (2017)

55 N.Y.S.3d 304

2017 NY Slip Op 03941

STEVEN MATSIL et al., Respondents, v. UTICA FIRST INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided May 17, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Steven Matsil (hereafter Matsil) was injured in June 2014 when he fell from a ladder while working for the defendant Brian Doris Home Improvements, Inc. (hereafter Brian Doris). Matsil, and his wife suing derivatively, commenced a personal injury action against Brian Doris and others.

It is undisputed that Brian Doris's insurer...

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