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PRUSIK v. LIBERTY MUT. INS. GROUP INC.

398 CA 20-00497.

199 A.D.3d 1302 (2021)

158 N.Y.S.3d 441

2021 NY Slip Op 06218

Brian C. Prusik, Respondent, v. Liberty Mutual Insurance Group Inc., Appellant, and Geddes Federal Savings and Loan Association, Respondent.

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

Decided November 12, 2021.

Attorney(s) appearing for the Case

SUGARMAN LAW FIRM, LLP, SYRACUSE ( CORY SCHOONMAKER OF COUNSEL), FOR DEFENDANT-APPELLANT.

WOODS OVIATT GILMAN LLP, ROCHESTER ( ANDREW J. RYAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

THE MATHEWS LAW FIRM LLP, SYRACUSE ( DANIEL F. MATHEWS, III , OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff's motion in its entirety and as modified the order is affirmed without costs.

Memorandum: This action arises from an insurance coverage dispute with respect to a theft provision contained in plaintiff's homeowner's insurance policy with defendant Liberty Mutual Insurance Group Inc. (Liberty Mutual). Plaintiff owned a home that he refinanced through a lender...

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