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

316 CA 22-00898.

218 A.D.3d 1192 (2023)

193 N.Y.S.3d 504

2023 NY Slip Op 04005

Michael Fornino, Appellant, v. New York Central Mutual Fire Insurance Company, Respondent, et al., Defendants. (Appeal No. 2.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

SAUNDERS KAHLER, L.L.P., UTICA ( MICHAEL D. CALLAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SARETSKY KATZ & DRANOFF, L.L.P., ELMSFORD ( ALLEN L. SHERIDAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (David A. Murad, J.), entered May 3, 2022, in a declaratory judgment action. The judgment, among other things, granted the motion of defendant New York Central Mutual Fire Insurance Company for summary judgment and dismissed plaintiff's amended complaint against it.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the provision dismissing...

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