ISRAEL v. PROGRESSIVE CASUALTY INSURANCE CO.

2021-05595 Index No. 54149/20.

222 A.D.3d 733 (2023)

202 N.Y.S.3d 359

2023 NY Slip Op 06357

Benjamin Israel et al., Appellants, v. Progressive Casualty Insurance Co. et al., Respondents.

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

Decided December 13, 2023.


Attorney(s) appearing for the Case

Bailly and McMillan, LLP, White Plains, NY ( Keith McMillan of counsel), for appellants.

Morris Duffy Alonso Faley & Pitcoff, New York, NY ( Iryna S. Krauchanka and Kevin G. Faley of counsel), for respondents.

Dillon, J.P., Christopher, Wooten and Taylor, JJ., concur.


In an action, inter alia, to recover damages for fraudulent inducement and to rescind a release, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Mary H. Smith, J.), dated July 12, 2021. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint and denied the plaintiffs' cross-motion for leave to amend the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting...

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