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FIRST BAPTIST CHURCH OF OLEAN v. GREY

63 A.D.3d 1512 (2009)

881 N.Y.S.2d 339

FIRST BAPTIST CHURCH OF OLEAN, Also Known as FIRST BAPTIST CHURCH, Respondent, v. JOHN S. GREY et al., Respondents, and AMERICAN STATES INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided June 5, 2009.

It is hereby ordered that the order so appealed from is affirmed without costs.

All concur except Hurlbutt, J.P., and Peradotto, J., who dissent and vote to reverse the order insofar as appealed from in accordance with the following memorandum.

Hurlbutt, J.P., and Peradotto, J. (dissenting).

We respectfully dissent. In our view, Supreme Court erred in denying the motion of defendant American States Insurance Company (American States) for summary judgment...

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