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K.J.D.E. Corp., Doing Business As K.J. Electric, and the Rita Jacobs Trust, By Kenneth Jacobs, Trustee, Plaintiffs-Respondents v. the Hartford Fire Insurance Company

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


November 18, 2011

K.J.D.E. CORP., DOING BUSINESS AS K.J. ELECTRIC, AND THE RITA JACOBS TRUST, BY KENNETH JACOBS, TRUSTEE, PLAINTIFFS-RESPONDENTS,
v.
THE HARTFORD FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered August 11, 2010.

K.J.D.E. Corp. v Hartford Fire Ins. Co.

Decided on November 18, 2011

Appellate Division, Fourth Department

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: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ.

(APPEAL NO. 2.)

The order, insofar as appealed from, denied those parts of the motion of defendant The Hartford Fire Insurance Company for summary judgment dismissing plaintiffs' fourth and fifth causes of action.

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and judgment is granted in favor of The Hartford Fire Insurance Company as follows:

It is ADJUDGED and DECLARED that plaintiffs' losses are not covered by the insurance policy at issue. Same Memorandum as in K.J.D.E. Corp. v Hartford Fire Ins. Co. ([appeal No. 1] ___ AD3d ___ [Nov. 18, 2011]).

Entered: November 18, 2011

Patricia L. Morgan Clerk of the Court

20111118

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