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LIBERTY SURPLUS INSURANCE CORP. v. HARLEYSVILLE INS. CO. OF N.Y.

154336/14E, 1582.

140 A.D.3d 621 (2016)

33 N.Y.S.3d 706

2016 NY Slip Op 05076

LIBERTY SURPLUS INSURANCE CORPORATION et al., Appellants, v. HARLEYSVILLE INSURANCE COMPANY OF NEW YORK et al., Respondents.

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

Decided June 28, 2016.

While we recognize that there are similar issues, and parties with aligned interests, in this and the third party action pending in Supreme Court, Kings County, entitled St. Hilda's & St. Hugh's Sch. & Eurostruct, Inc. v Big Shot Elec. Corp. (index No. 12254/13), we disagree that this declaratory judgment action should be dismissed outright pursuant to CPLR 3211 (a) (4). This decision is without prejudice to the parties seeking relief in Kings County for a...

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