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STERN v. THE CHARTER OAK FIRE INS. CO.

59 A.D.3d 930 (2009)

872 N.Y.S.2d 618

VIVIAN STERN, Doing Business as THE JEWELER, Appellant, v. THE CHARTER OAK FIRE INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion of plaintiff for leave to renew her opposition to the motion of defendant The Charter Oak Fire Insurance Company and, upon renewal, denying the motion of that defendant and reinstating the claim for consequential damages and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that defendants breached...

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