VISCONTI BUS LLC v. UTICA INS.

EF005750-2020.

71 Misc.3d 516 (2021)

142 N.Y.S.3d 903

2021 NY Slip Op 21027

VISCONTI BUS SERVICE, LLC, et al., Plaintiffs, v. UTICA NATIONAL INSURANCE GROUP et al., Defendants.

Supreme Court, Orange County.

Decided February 12, 2021.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Bryce L. Friedman and Michael J. Garvey , of counsel), for defendants.

Kanner & Whiteley, LLC, New Orleans, Louisiana ( Allan Kanner , of counsel), and Finkelstein & Partners, LLC, Newburgh ( Alexandria Awad , of counsel), for plaintiffs.


OPINION OF THE COURT

It is ordered that defendants' motion pursuant to CPLR 3211 to dismiss plaintiffs' complaint is disposed of as follows:

I. Factual and Procedural Background

This is an action for breach of contract arising out of the denial by the defendant insurers (Utica) of a claim by...

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