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PLACE v. PREFERRED MUTUAL INSURANCE CO.

530273.

190 A.D.3d 1208 (2021)

2021 NY Slip Op 00466

Laura E. Place, Respondent-Appellant, v. Preferred Mutual Insurance Company, Appellant-Respondent, and Upstate Agency, LLC, Respondent.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Mura & Storm, PLLC, Buffalo ( Scott D. Mancuso of counsel), for appellant-respondent.

Law Offices of Gustave J. DeTraglia, Jr., Utica ( Michele E. DeTraglia of counsel), for respondent-appellant.

McPhillips Fitzgerald & Cullum, LLP, Glens Falls ( Eric C. Schwenker of counsel), for respondent.

Lynch, J.P., Clark, Pritzker and Colangelo, JJ., concur.

In 2010, plaintiff acquired a residential property located in Essex County (hereinafter the property). With the assistance of defendant Upstate Agency, LLC, an insurance broker, plaintiff obtained a homeowners' insurance policy issued by defendant Preferred Mutual Insurance Company (hereinafter PMIC). At the end of August 2016, plaintiff...

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