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RUTGERS CAS. INS. CO. v. USA VETERANS CONSTR. CORP.

Index No. 31904/18E, Appeal No. 16083, Case No. 2021-03393.

206 A.D.3d 440 (2022)

167 N.Y.S.3d 779

2022 NY Slip Op 03700

Rutgers Casualty Insurance Company, Appellant, v. USA Veterans Construction Corp., Respondent, et al., Defendants.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Miranda Slone Sklarin Verveniotis, LLP, Mineola (Steven Verveniotis of counsel), for appellant.

Nicolini, Paradise, Ferretti & Sabella PLLC, Mineola (Anthony J. Abruscati of counsel), for respondent.

Concur—Renwick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.

Plaintiff Rutgers Casualty Insurance Company (Rutgers) commenced this action seeking, among other thing, a declaratory judgment as to whether defendant USA is entitled to coverage under its umbrella, general liability policy with Rutgers, for an incident in the underlying action where the plaintiff was struck by a lull forklift being operated by USA while engaging in light gauge metal framing. Rutgers alleges, inter alia, that to the extent the underlying claims arose from...

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