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COUNTRY-WIDE INS. CO. v. ALICEA

Index No. 650364/20. Appeal No. 17532. Case No. 2022-00879.

214 A.D.3d 530 (2023)

183 N.Y.S.3d 848

2023 NY Slip Op 01474

Country-Wide Insurance Company, Respondent, v. Richard Alicea et al., Defendants, and SP Orthotic Surgical & Medical Supply, Inc., et al., Appellants.

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

Decided March 21, 2023.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn ( Maksim Leyvi of counsel), for appellants.

Thomas Torto , New York, for respondent.

Concur—Kapnick, J.P., Kern, Gesmer, Moulton, Higgitt, JJ.

Order, Supreme Court, New York County (Melissa A. Crane, J.), entered August 27, 2021, which granted plaintiff Country-Wide Insurance Company's motion for summary judgment declaring that plaintiff has no duty to defendants-appellants to pay no-fault claims based on the injured party's failure to appear for examinations under oath (EUO), and permanently stayed any further action involving the injured party, unanimously reversed...

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