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SMITH v. SAFECO INSURANCE COMPANY OF AMERICA

191 CA 17-01429.

159 A.D.3d 1536 (2018)

72 N.Y.S.3d 716

2018 NY Slip Op 02055

RANDAL D. SMITH et al., Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, Respondent, et al., Defendant.

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

Decided March 23, 2018.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion of defendant Safeco Insurance Company of America is denied and the amended complaint against it is reinstated, and plaintiffs' motion is granted, and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: Plaintiffs commenced this action against, inter alia, Safeco Insurance Company of...

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