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2015 FREEMAN LLC v. SENECA SPECIALTY INS. CO.

Index No. 653519/14. Appeal No. 15609. Case No. 2020-04725.

203 A.D.3d 622 (2022)

163 N.Y.S.3d 397

2022 NY Slip Op 02086

2015 Freeman LLC, Also Known as 2015 Freeman Avenue LLC, et al., Appellants, v. Seneca Specialty Insurance Company, Respondent.

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

Decided March 29, 2022.

Attorney(s) appearing for the Case

Michael P. Lagnado, New York, for appellants.

Ken Maguire & Associates, PLLC, Wantagh (Katherine Maguire Tedrick of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Friedman, Kennedy, Mendez, JJ.

The trial court correctly granted defendant's motion for a directed verdict dismissing the claim under Ohio law of bad faith denial of coverage (see generally Hoskins v Aetna Life Ins. Co., 6 Ohio St.3d 272, 452 N.E.2d 1315 [1983]). The evidence establishes that inaccurate information about the insured properties had been submitted to defendant prior to its issuance of the...

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