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

865 CA 21-01227.

211 A.D.3d 1587 (2022)

178 N.Y.S.3d 732

2022 NY Slip Op 07369

Michael Hall et al., Respondents, v. New York Central Mutual Fire Insurance Company, Appellant. (Appeal No. 2.).

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 and judgment (one paper) of the Supreme Court, Monroe County (Gail Donofrio, J.), entered August 23, 2021. The order and judgment awarded plaintiffs a money judgment against defendant.

It is hereby ordered that the order and judgment so appealed from is unanimously vacated, the order entered August 11, 2021, is reversed on the law without costs, the cross motion is denied, the motion is granted and the complaint is dismissed.

Same memorandum...

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