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BENNETT v. STATE FARM FIRE AND CAS. CO.

2017-02143. Index Nos. 10385/13, 385/14, 602582/14.

161 A.D.3d 926 (2018)

78 N.Y.S.3d 169

2018 NY Slip Op 03499

Richard Bennett et al., Plaintiffs, v. State Farm Fire and Casualty Company et al., Defendants. (Action No. 1.) State Farm Fire and Casualty Company, Plaintiff, v. Creative Landscaping by Cow Bay, Inc., et al., Defendants. (Action No. 2.) Richard Bennett et al., Appellants, v. State Farm Fire and Casualty Company et al., Respondents, et al., Defendant. (Action No. 3.)

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

Decided May 16, 2018.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting that branch of the motion of the defendant State Farm Fire and Casualty Company which was to dismiss the cause of action alleging gross negligence and the claim for punitive damages insofar as asserted against it, and that branch of the motion of the defendant Holzmacher, McLendon and Murrell, P.C., which was to dismiss the cause of action to recover damages for gross negligence and...

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