Opinion
Motion No. (867/22) CA 21-00932
03-17-2023
UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. AMERICAN RE-INSURANCE COMPANY, NOW KNOWN AS MUNICH REINSURANCE AMERICA, INC., DEFENDANT-RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, AND MONTOUR, JJ. (Filed Mar. 17, 2023.)
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 A.D.3d 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."