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IMRIE v. RATTO

533059, 533777.

206 A.D.3d 1490 (2022)

171 N.Y.S.3d 620

2022 NY Slip Op 04201

Daniel F. Imrie II, Respondent, v. Andrew R. Ratto, Defendant, and Erie Insurance Company, Appellant. (Action No. 1.) Daniel F. Imrie II, Individually and as Assignee of Andrew R. Ratto et al., Respondent, v. Jeffrey D. Howard et al., Respondents, and Erie Insurance Company, Appellant. (Action No. 2.)

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Marco Cercone of counsel), for appellant.

The Clements Firm, Glens Falls (Thomas G. Clements of counsel), for Daniel F. Imrie II, respondent.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (Lia B. Mitchell of counsel), for Jeffrey D. Howard and another, respondents.

Garry, P.J., Aarons, Reynolds Fitzgerald and Ceresia, JJ., concur.

This case comes to us for a third time and the facts are more fully set forth in our prior decisions (187 A.D.3d 1344 [2020]; 145 A.D.3d 1358 [2016]). As relevant here, on the most recent appeal of this matter, we reversed so much of a May 2019 Supreme Court order as denied plaintiff's motion for partial...

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