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WEATHERS v. TRI STATE CONSUMER INS. CO.

2020-01403. Index No. 840/15.

209 A.D.3d 702 (2022)

174 N.Y.S.3d 870

2022 NY Slip Op 05559

Ronald B. Weathers, as Assignee of the Rights of Alex Rios, Respondent, v. Tri State Consumer Insurance Company, Appellant.

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

Decided October 5, 2022.

Attorney(s) appearing for the Case

Schwartz Conroy & Hack, P.C., Garden City, NY (Evan S. Schwartz and Matthew J. Conroy of counsel), for appellant.

Bruce S. Reznick (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac], of counsel), for respondent.

Barros, J.P., Miller, Genovesi and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for breach of the implied covenant of good faith and fair dealing, the defendant appeals from an order of the Supreme Court, Kings County (Wayne P. Saitta, J.), dated November 7, 2019. The order granted the plaintiff's motion pursuant to CPLR 2004 and 2005 for an enlargement of time to stipulate to all of the reduced damages awards set forth in Weathers v Rios (120 A.D.3d 663 [2014])....

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