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HALL v. NEW YORK CENT. MUT. FIRE INS. CO.

864 CA 21-01168.

211 A.D.3d 1585 (2022)

180 N.Y.S.3d 441

2022 NY Slip Op 07368

Michael Hall et al., Respondents, v. New York Central Mutual Fire Insurance Company, Appellant. (Appeal No. 1.).

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( GREGORY S. GAGLIONE, JR. , OF COUNSEL), FOR DEFENDANT-APPELLANT.

DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO ( CHRISTOPHER M. BERLOTH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Peradotto, Curran, Winslow and Montour, JJ.

Appeal from an order of the Supreme Court, Monroe County (Gail Donofrio, J.), entered August 11, 2021. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiffs' cross motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Plaintiffs commenced this breach of contract action alleging, inter alia, that defendant breached its insurance policy with them...

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