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Utica First Ins. Co. v Cote Agency Inc., 2024 NY Slip Op 02467 [227 AD3d 1479]

May 3, 2024

Appellate Division, Fourth Department

[*1]

Utica First Insurance Company, Respondent,

v

Cote Agency Inc. et al., Defendants, and Baldes Protection Agency, Inc., et al., Appellants.

Sullivan & Klein, LLP, New York City (Robert M. Sullivan of counsel), for defendants-appellants.

Farber Brocks & Zana L.L.P., Garden City (Lester Chanin of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered September 21, 2023. The order denied the motion of defendants Baldes Protection Agency, Inc., Baldes Protection Agency, Inc., doing business as Cote Agency, and Baldes Protection Agency, Inc., doing business as Cote Insurance Agency, to dismiss plaintiff’s sixth cause of action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2023 NY Slip Op 34657[U] [2023]). Present—Smith, J.P., Bannister, Montour, DelConte and Hannah, JJ..