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STATE INSURANCE FUND v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY

64 A.D.3d 581 (2009)

882 N.Y.S.2d 300

STATE INSURANCE FUND, Respondent, v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY et al., Appellants.

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

Decided July 7, 2009.

Ordered that on the Court's own motion, the notice of appeal from the order dated October 22, 2007 is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the judgment is modified, on the law, by reducing the award to the plaintiff from the principal sum of $650,000 to the principal sum of $300,000; as so modified, the judgment is affirmed...

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