DAM PROPS. HOLDING CORP. v. UNION MUT. FIRE INS. CO.

2020-03005. Index No. 715693/17.

210 A.D.3d 635 (2022)

177 N.Y.S.3d 626

2022 NY Slip Op 06108

Dam Properties Holding Corp., Respondent, v. Union Mutual Fire Insurance Company, Appellant, and Aard-Vark Agency Ltd. et al., Respondents. (And a Third-Party Action.)

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

Decided November 2, 2022.


Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo, NY ( Mirna M. Santiago and Eric T. Boron of counsel), for appellant.

Chiariello & Chiariello, Glen Cove, NY ( Gerald Chiariello II , of counsel), for plaintiff-respondent.

Iannacci, J.P., Rivera, Zayas and Taylor, JJ., concur.


In an action, inter alia, to recover damages for breach of an insurance contract, the defendant Union Mutual Fire Insurance Company appeals from an order of the Supreme Court, Queens County (Pam Jackman Brown, J.), dated March 12, 2020. The order denied that defendant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and on its counterclaim.

Ordered that the order is affirmed, with costs.

The defendant...

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