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AVERY v. WJM DEVELOPMENT CORP.

2016-07968. Index No. 61219/15.

197 A.D.3d 1141 (2021)

153 N.Y.S.3d 511

2021 NY Slip Op 04961

Linda Avery et al., Appellants, v. WJM Development Corp. et al., Defendants, and Tom F. Abillama et al., Respondents.

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

Decided September 15, 2021.

Attorney(s) appearing for the Case

Finazzo Cossolini O'Leary Meola & Hager, LLC, New York, NY ( Jonathan M. Zagha of counsel), for respondent Charter Oak Fire Insurance Company, sued herein as Travelers Insurance Co.

Linda Avery and Kyle Avery, Mount Vernon, NY, appellants pro se.

Adam Seiden , Mount Vernon, NY, for respondent Tom F. Abillama.

Rivera, J.P., Hinds-Radix, Miller and Wooten, JJ., concur.

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

On February 21, 2009, a home owned by the plaintiff Linda Avery (hereinafter Linda) in Mount Vernon (hereinafter the property) was damaged by fire. At the time of the fire, the property was covered by a homeowners insurance policy issued by the defendant Charter Oak Fire Insurance Company, sued herein as Travelers Insurance Co. (hereinafter...

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