Utica Mut. Ins. Co. v. American Re-Ins. Co.
2023 NY Slip Op 01461
Appellate Division of the Supreme Court of the State of New York·Decided March 17, 2023·No. MOTION NO. (867/22) CA 21-00932.·Published
Opinion
Utica Mut. Ins. Co. v American Re-Ins. Co. (2023 NY Slip Op 01461)
Decided on March 17, 2023
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, AND MONTOUR, JJ. (Filed Mar. 17, 2023.)
MOTION NO. (867/22) CA 21-00932.
| Utica Mut. Ins. Co. v American Re-Ins. Co. |
| 2023 NY Slip Op 01461 |
| Decided on March 17, 2023 |
| 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 March 17, 2023
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, AND MONTOUR, JJ. (Filed Mar. 17, 2023.)
MOTION NO. (867/22) CA 21-00932.
[*1]UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT,
v
AMERICAN RE-INSURANCE COMPANY, NOW KNOWN AS MUNICH REINSURANCE AMERICA, INC., DEFENDANT-RESPONDENT.
v
AMERICAN RE-INSURANCE COMPANY, NOW KNOWN AS MUNICH REINSURANCE AMERICA, INC., DEFENDANT-RESPONDENT.
MEMORANDUM AND ORDER
Motion for reargument be and the same hereby is granted in part and, upon reargument, the memorandum and order entered December 23, 2022 (211 AD3d 1587 [4th Dept 2022]) is amended by adding the following sentence as the last sentence of the memorandum: "We have considered the remaining contentions raised by plaintiff and conclude that they are without merit."
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Utica Mut. Ins. Co. v. American Re-Ins. Co., 2023 NY Slip Op 01461 (N.Y. Ct. App. 2023).
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