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CARLSON v. AMERICAN INTL. GROUP, INC.

805 CA 21-00011.

199 A.D.3d 1363 (2021)

158 N.Y.S.3d 465

2021 NY Slip Op 06249

Michael J. Carlson, Sr., Individually and as Administrator of the Estate of Claudia D'Agostino Carlson, Deceased, and as Assignee of William Porter, Respondent-Appellant, v. American International Group, Inc., et al., Defendants, and American Alternative Insurance Co. et al., Appellants-Respondents.

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

Decided November 12, 2021.

Attorney(s) appearing for the Case

RUBIN, FIORELLA & FRIEDMAN LLP, NEW YORK CITY ( PAUL F. KOVNER OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT AMERICAN ALTERNATIVE INSURANCE CO.

CHAFFETZ LINDSEY LLP, NEW YORK CITY ( CHARLES J. SCIBETTA OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

BROWN CHIARI LLP, BUFFALO, MAGAVERN MAGAVERN GRIMM LLP ( EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Centra, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of plaintiff's motion seeking summary judgment dismissing the defense of late notice by defendant American Alternative Insurance Co. and reinstating that defense, granting in its entirety the cross motion of that defendant seeking summary judgment dismissing the first cause of action against it and dismissing the complaint in its entirety against that defendant, and...

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