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HOME DEPOT U.S.A., INC. v. STATE OF NEW YORK

Index No. 135210. Appeal No. 15802-15802A. Case Nos. 2021-01991, 2021-03853.

204 A.D.3d 567 (2022)

168 N.Y.S.3d 14

2022 NY Slip Op 02757

Home Depot U.S.A., Inc., as Assignee, Appellant, v. State of New York, Respondent.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

L'Abbate, Balkan, Colavita & Contini, L.L.P., Melville (Ronan P. Doherty of counsel), for appellant.

Herzfeld & Rubin, P.C., New York (Miriam Skolnik of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Gesmer, Shulman, JJ.

In this breach of contract action, plaintiff Home Depot seeks coverage under an Employer's Liability Policy issued by the New York State Insurance Fund (SIF) to its assignor, Bryan's Home Improvement Corporation (Bryan's). The Employer's Liability Policy at issue provides coverage for "all sums you [Bryan's] must pay as damages [to a third-party] because of injury to your employees ... where recovery is permitted by law." Pursuant to Workers' Compensation Law § 11, recovery...

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