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AVR-POWELL C DEV. CORP. v. AMERICAN STATES INS. CO.

Index No. 159600/17. Appeal No. 16567. Case No. 2021-03435.

210 A.D.3d 403 (2022)

176 N.Y.S.3d 638

2022 NY Slip Op 06078

AVR-Powell C Development Corp. et al., Plaintiffs, v. American States Insurance Company, Defendant/Third-Party Plaintiff-Respondent. Farm Family Casualty Insurance Company, Third-Party Defendant-Appellant.

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

Decided November 1, 2022.

Attorney(s) appearing for the Case

Litchfield Cavo LLP, New York (Joseph E. Boury of counsel), for appellant.

Jaffe & Asher LLP, White Plains (Marshall T. Potashner of counsel), for respondent.

Concur— Gische, J.P., Gesmer, Oing, Kennedy, Scarpulla, JJ.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about April 9, 2021, which, to the extent appealed from as limited by the briefs, granted third-party plaintiff American States Insurance Company's motion for partial summary judgment against third-party defendant Farm Family Casualty Insurance Company declaring that Farm Family owes the plaintiffs a primary duty to defend in the underlying action, and denied Farm Family's cross motion for partial summary...

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