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31-01 102ND STREET ASSOCIATES, INC., plf, v. ACE EUROPEAN INSURANCE GROUP, a/k/a ACE EUROPEAN INSURANCE COMPANY, RESPONDENT def, R&W BROKERAGE, INC. ap — (INDEX NO. 1460/10)In an action, inter alia, for a judgment declaring that a loss to the plaintiff’s property, as claimed by the plaintiff, is covered under a certain insurance policy issued by the defendant Ace European Insurance Group, a/k/a Ace European Insurance Company, the defendants R&W Brokerage, Inc., and Thomas A. Petropole Insurance Agency separately appeal from an order of the Supreme Court, Queens County (Flaherty, J.), dated December 15, 2010, which granted the motion of the defendant Ace European Insurance Group, a/k/a Ace European Insurance Company, for summary judgment declaring that the loss to the plaintiff’s property, as claimed by the plaintiff, is not covered under the insurance policy and denied their respective cross motions, in effect, for summary judgment dismissing the third affirmative defense asserted by that defendant, which alleged that the plaintiff made a material misrepresentation in its application for insurance. Justice Hall has been substituted for former Justice Belen (see 22 NYCRR 670.1[c]).

ORDERED that the order is affirmed, with one bill of costs.

 
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