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SHIPYARD QUARTERS MARINA, LLC v. NEW HAMPSHIRE INS. CO.

2014BX002134.

143 A.D.3d 565 (2016)

2016 NY Slip Op 06869

38 N.Y.S.3d 900

SHIPYARD QUARTERS MARINA, LLC, et al., Appellants, v. NEW HAMPSHIRE INSURANCE COMPANY, Respondent.

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

Decided October 20, 2016.

The court exercised its discretion in a provident manner in determining that this insurance coverage dispute is better adjudicated in Massachusetts (see Atlantic Mut. Ins. Co. v Cadillac Fairview US, 125 A.D.2d 181 [1st Dept 1986], lv denied 69 N.Y.2d 613 [1987]). The record demonstrates that plaintiff Shipyard Quarters Marina, LLC, at the time of the alleged losses, investigation, and commencement of the underlying Massachusetts...

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