CORP DOING BUSINESS AS ELECTRIC AND THE RITA JACOBS TRUST BY KENNETH JACOBS TRUSTEE PLAINTIFFS RESPONDENTS v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

K.J.D.E. CORP., DOING BUSINESS AS K.J. ELECTRIC, AND THE RITA JACOBS TRUST, BY KENNETH JACOBS, TRUSTEE, PLAINTIFFS–RESPONDENTS, v. THE HARTFORD FIRE INSURANCE COMPANY, DEFENDANT–APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 2.)

CA 11–01105

Decided: November 18, 2011

PRESENT:  SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ. GOLDBERG SEGALLA LLP, BUFFALO (DANIEL W. GERBER OF COUNSEL), FOR DEFENDANT–APPELLANT. RICHARD P. PLOCHOCKI, SYRACUSE, FOR PLAINTIFFS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and judgment is granted in favor of The Hartford Fire Insurance Company as follows:

It is ADJUDGED and DECLARED that plaintiffs' losses are not covered by the insurance policy at issue.

Same Memorandum as in K.J.D.E. Corp. v. Hartford Fire Ins. Co. ( [appeal No. 1] _ AD3d _ [Nov. 18, 2011] ).

Patricia L. Morgan

Clerk of the Court