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NEW YORK MAR. & GEN. INS. CO. v. WESCO INS. CO.

Index No. 814326/21E. Appeal No. 17291. Case No. 2022-02670.

213 A.D.3d 461 (2023)

184 N.Y.S.3d 306

2023 NY Slip Op 00734

New York Marine & General Insurance Company, Respondent, v. Wesco Insurance Company et al., Appellants.

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

Decided February 9, 2023.

Attorney(s) appearing for the Case

Kenney Shelton Liptak Nowak LLP, Buffalo ( Matthew C. Ronan of counsel), for appellants.

Stewart Smith , New York ( William F. Stewart of counsel), for respondent.

Concur—Webber, J.P., Oing, González, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Fidel E. Gomez, J), entered on or about February 16, 2022, which denied defendants' motion to change venue to New York County in accordance with CPLR 510(1) and (3) or, in the alternative, to dismiss the complaint as against defendant AmTrust North America, Inc. in accordance with CPLR 3211(a)(1) and (7), unanimously modified to dismiss the complaint as against defendant AmTrust North America...

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