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TECHNOLOGY INS. CO. INC. v. MAIN ST. AM. ASSUR. CO.

1141 CA 20-01216.

202 A.D.3d 1506 (2022)

162 N.Y.S.3d 638

2022 NY Slip Op 00798

Technology Insurance Company, Inc., as Reinsurer and Successor to Tower National Insurance Company, et al., Respondents, v. Main Street America Assurance Company, Appellant, et al., Defendants.

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

Decided February 4, 2022.

Attorney(s) appearing for the Case

SCHNITTER CICCARELLI MILLS PLLC, WILLIAMSVILLE (JOSEPH M. SCHNITTER OF COUNSEL), FOR DEFENDANT-APPELLANT.

HURWITZ & FINE, P.C., BUFFALO (BRIAN D. BARNAS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Smith, J.P., Peradotto, Carni and Bannister, JJ.

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

Memorandum: Technology Insurance Company, Inc., as reinsurer and successor to Tower National Insurance Company (plaintiff), issued an insurance policy to plaintiff Roger S. Aumick covering certain property Aumick owns. Main Street America Assurance Company (defendant) issued a policy to Aumick's tenant, defendant Darrius Outling, doing business as Krispie Kuts, who operated...

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