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TRAVELERS INDEMNITY COMPANY OF AMERICA v. MORE BUYING POWER, INC.

2009-02432.

67 A.D.3d 1000 (2009)

888 N.Y.S.2d 748

2009 NY Slip Op 08810

TRAVELERS INDEMNITY COMPANY OF AMERICA, as Subrogee of Contrail, LLC and Another, Respondent, v. MORE BUYING POWER, INC., Appellant. (Action No. 1.) CONTRAIL, LLC, Respondent, v. MORE BUYING POWER, INC., Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 24, 2009.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaints in both actions is granted.

Travelers Indemnity Company of America (hereinafter Travelers), as subrogee of Contrail, LLC, and Shamrock of Dutchess, LLC, the plaintiff in action No. 1, issued an insurance policy to Contrail, LLC (hereinafter Contrail), the plaintiff in action No. 2, providing insurance coverage for a warehouse owned...

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