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Vivian Stern, Doing Business As the Jeweler v. Charter Oak Fire Insurance Company

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


September 28, 2012

VIVIAN STERN, DOING BUSINESS AS THE JEWELER,
PLAINTIFF-APPELLANT,
v.
CHARTER OAK FIRE INSURANCE COMPANY, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered November 18, 2010.

Stern v Charter Oak Fire Ins. Co.

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.

Decided on September 28, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

The order held that defendant Charter Oak Fire Insurance Company had breached the insurance contract, that the business failure of plaintiff was not proximately caused by the breach, and that plaintiff is entitled to money damages of $7,887.19, plus interest, and denied the motion of plaintiff to correct the record.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: September 28, 2012 Frances E. Cafarell Clerk of the Court

20120928

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