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BURLINGTON INS. CO. v. KOOKMIN BEST INS. CO., LTD.

Index Nos. 652938/16, 595823/17, 595956/17. Appeal No. 16807. Case No. 2021-04227.

211 A.D.3d 429 (2022)

177 N.Y.S.3d 884

2022 NY Slip Op 06885

The Burlington Insurance Company, Respondent, v. Kookmin Best Insurance Co., Ltd. (US Branch), et al., Defendants, and New York Supermarket East Broadway, Inc., Appellant/Second Third-Party Defendant-Appellant. (A Third-Party Action.) American Guarantee and Liability Insurance Company, as Subrogee of Winking Group, LLC, Second Third-Party Plaintiff-Respondent.

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

Decided December 6, 2022.

Attorney(s) appearing for the Case

Black Marjieh & Sanford LLP, Elmsford (Trisha E. Starkey of Counsel), for appellant.

Adrian & Associates, LLC, New York (James M. Adrian of Counsel), for The Burlington Insurance Company, respondent.

Coughlin Midlige & Garland LLP, New York (Patrick K. Coughlin of counsel), for American Guarantee and Liability Insurance Company, respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Gesmer, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Shawn Timothy Kelly, J.), entered on or about April 30, 2021, which, to the extent appealed from, denied the motion of defendant/second third-party-defendant New York Supermarket East Broadway, Inc. (NYSEB) motion to dismiss the claims for contractual indemnity and contribution asserted against it by plaintiff Burlington Insurance Company and second third-party plaintiff American Guarantee and Liability Insurance Company (AGLIC), unanimously...

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