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LIBERTY SURPLUS INS. CORP. v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA.

113296/07, Seq. No. 004/005.

2009 NY Slip Op 32581 (U)

LIBERTY SURPLUS INSURANCE CORPORATION, HOME PROPERTIES APPLE HILL, LLC, and HOME PROPERTIES INC., Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., and MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA, Defendants.

Supreme Court, New York County.

October 30, 2009.

DECISION/ORDER

Judith J. Gische, Judge.

Upon the foregoing papers the court's decision is as follows:

This action arises from a dispute involving insurance coverage. The defendants have brought motions for summary judgment pursuant to CPLR § 3212 dismissing this action. Plaintiffs oppose the motion.

Plaintiff Liberty Surplus Insurance Company ("Liberty") brings this action both on its behalf and also as subrogee of plaintiffs...

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