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UTICA FIRST INSURANCE COMPANY v. COTE AGENCY INC.

393 CA 23-01602.

2024 NY Slip Op 02467

UTICA FIRST INSURANCE COMPANY, Plaintiff-Respondent, v. COTE AGENCY INC., ET AL., Defendants, BALDES PROTECTION AGENCY, INC., BALDES PROTECTION AGENCY, INC., DOING BUSINESS AS COTE AGENCY, AND BALDES PROTECTION AGENCY, INC., DOING BUSINESS AS COTE INSURANCE AGENCY, Defendants-Appellants.

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

SULLIVAN & KLEIN, LLP, NEW YORK CITY ( ROBERT M. SULLIVAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

FARBER BROCKS & ZANA L.L.P., GARDEN CITY ( LESTER CHANIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SMITH, J.P., BANNISTER, MONTOUR, DELCONTE, AND HANNAH, JJ.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered September 21, 2023. The order denied the motion of defendants Baldes Protection Agency, Inc., Baldes Protection Agency, Inc., doing business as Cote Agency, and Baldes Protection Agency, Inc., doing business as Cote Insurance Agency, to dismiss plaintiff's sixth cause of action.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons...

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