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BURLINGTON INS. CO. v. NEW YORK CONSTR. & RENOVATION, INC.

Index No. 650890/21. Appeal No. 16739. Case No. 2021-03170.

210 A.D.3d 576 (2022)

179 N.Y.S.3d 49

2022 NY Slip Op 06742

The Burlington Insurance Company, Appellant, v. New York Construction & Renovation, Inc., et al., Defendants, and Century Surety Company, Respondent.

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

Decided November 29, 2022.

Attorney(s) appearing for the Case

Adrian & Associates, LLC, New York (Anna Karin F. Manalaysay of counsel), for appellant.

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne (Craig L. Rokuson of counsel), for respondent.

Concur—Webber, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Order, Supreme Court, New York County (Laurence L. Love, J.), entered July 27, 2021, which granted defendant Century Surety Company's motion to dismiss the complaint as against it, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated as against Century.

Plaintiff Burlington Insurance Company commenced this declaratory judgment action to determine insurance coverage available in two underlying actions involving damage sustained...

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