...merit as a matter of law (see Westchester Med. Ctr. v. Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]). With respect to...
...to dismiss the complaint. Defendant contended that, pursuant to Roggio v. Nationwide Mut. Ins. Co. (66 NY2d 260 [1985]), plaintiff was precluded from litigating...
...for summary judgment was properly denied (see Westchester Med. Ctr. v. Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]). ...
...law (see Insurance Law §5106 [a]; Westchester Med. Ctr. v. Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]; Ave T MPC Corp. v...
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