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Utica Mutual Insurance Co. v. McAteer & Fitzgerald

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 12, 2010

UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT,
v.
MCATEER & FITZGERALD, INC., KENYON B. FITZGERALD, JR., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered October 19, 2009 in a breach of contract action. The order denied the motion of plaintiff for leave to reargue the denial of its motion for summary judgment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND GORSKI, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984).

20101112

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