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FODDRELL v. UTICA FIRST INSURANCE COMPANY

2017-04573. Index No. 22515/13.

178 A.D.3d 901 (2019)

2019 NY Slip Op 08991

Thomas Foddrell, Respondent, v. Utica First Insurance Company, Defendant/Third-Party Plaintiff-Appellant, et al., Third-Party Defendants.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Farber Brocks & Zane LLP, Garden City, NY (Sherri N. Pavloff of counsel), for defendant third-party plaintiff-appellant.

Mallilo & Grossman, Flushing, NY (Jessica Kronrad of counsel), for respondent.

Scheinkman, P.J., Cohen, Maltese and LaSalle, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

In December 2006, the plaintiff commenced an action against the third-party defendant Joney & Rana Construction Corp. (hereinafter J&R) and another entity to recover damages for personal injuries he allegedly sustained in a construction-related accident (hereinafter the underlying action). At the time of the accident, J&R was insured by the defendant third-party plaintiff, Utica First...

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