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FRITZ v. EDWARD A. KURMEL BROKERAGE, LTD.

2022-03416. Index No. 507197/20.

219 A.D.3d 1489 (2023)

196 N.Y.S.3d 537

2023 NY Slip Op 04752

Lincoln Fritz, Respondent, et al., Plaintiff, v. Edward A. Kurmel Brokerage, Ltd., Respondent, and Mountain Valley Indemnity Company, Appellant.

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

Decided September 27, 2023.

Attorney(s) appearing for the Case

Mound Cotton Wollan & Greengrass, LLP, New York, NY (Rachel Horzempa and Kevin F. Buckley of counsel), for appellant.

Aboulafia Law Firm, LLC, New York, NY (Kyle B. Epstein of counsel), for plaintiff-respondent.

Brathwaite Nelson, J.P., Maltese, Genovesi and Dowling, JJ., concur.

In an action, inter alia, to recover damages for breach of a homeowner's insurance policy, the defendant Mountain Valley Indemnity Company appeals from an order of the Supreme Court, Kings County (Ingrid Joseph, J.), dated March 21, 2022. The order, insofar as appealed from, denied that branch of that defendant's motion which was for summary judgment dismissing the complaint insofar as asserted against it by the plaintiff Lincoln...

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