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CICERO v. GREAT AM. INS. CO.

3614.

2008 NY Slip Op 06429

LYDIA CICERO, ET AL., Plaintiffs-Appellants, v. GREAT AMERICAN INSURANCE COMPANY, ET AL., Defendants-Respondents.

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

Decided July 29, 2008.

Attorney(s) appearing for the Case

Russo, Keane & Toner, LLP, New York (Thomas F. Keane of counsel), for appellants.

London Fischer LLP, New York (Daniel Zemann, Jr. of counsel), for respondents.

Before: Tom, J.P., Andrias, Nardelli, Williams, JJ.

In plaintiffs' underlying personal injury action against Western Beef Inc. for serious injuries suffered by Lydia Cicero on January 20, 1998, when she slipped and fell in its supermarket, a preliminary conference order directed Western Beef to respond to plaintiffs' combined demands, dated May 27, 1999, and disclose "the existence and contents of any insurance agreement as described in CPLR § 3101(f)" (emphasis added). On January 21, 2000, counsel for Zurich American...

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