ZELASKO CONSTR., INC. v. MERCHANTS MUT. INS. CO.

726 CA 15-01754.

142 A.D.3d 1328 (2016)

38 N.Y.S.3d 643

ZELASKO CONSTRUCTION, INC., Respondent, v. MERCHANTS MUTUAL INSURANCE COMPANY, Appellant.

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

Decided September 30, 2016.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, plaintiff's motion is denied in part and that part of the complaint seeking to recover attorneys' fees incurred in prosecuting this action is dismissed.

Memorandum: Plaintiff insured commenced this action against defendant insurer seeking, inter alia, damages in the amount of $49,302.57 arising from defendant's breach of its payment obligations under the...

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