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UTICA MUT. INS. CO. v. AMERICAN RE-INS. CO.

488 CA 22-01242.

218 A.D.3d 1283 (2023)

193 N.Y.S.3d 594

2023 NY Slip Op 04042

Utica Mutual Insurance Company, Respondent, v. American Re-Insurance Company, Now Known as Munich Reinsurance America, Inc., Appellant.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, NEW YORK CITY (BRUCE M. FRIEDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

HUNTON ANDREWS KURTH LLP, WASHINGTON, D.C. (SYED S. AHMAD, ADMITTED PRO HAC VICE, OF COUNSEL), AND FELT EVANS, LLP, CLINTON, FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Oneida County (Gregory R. Gilbert, J.), entered June 29, 2022. The order, inter alia, granted plaintiff's motion for summary judgment dismissing defendant's first counterclaim.

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

Memorandum: The facts and prior procedural history of this case are fully set forth in our decision on the prior appeal (Utica Mut. Ins. Co. v American...

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