Utica Mut. Ins. Co. v American Re-Ins. Co.
2023 NY Slip Op 01461 [214 AD3d 1418]
March 17, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 3, 2023


[*1]
 Utica Mutual Insurance Company, Appellant,
v
American Re-Insurance Company, Now Known as Munich Reinsurance America, Inc., Respondent.

—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." Present—Smith, J.P., Peradotto, Curran and Montour, JJ.