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PRISMATIC DEV. CORP. v. INTERNATIONAL FID. INS. CO.

Index No. 650402/13. Appeal No. 1004. Case No. 2022-01346.

221 A.D.3d 469 (2023)

198 N.Y.S.3d 71

2023 NY Slip Op 05700

Prismatic Development Corporation, Appellant, v. International Fidelity Insurance Company, Respondent.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York (Howard M. Rosen of counsel), for appellant.

Chiesa Shahinian & Giantomasi PC, New York (Adam P. Friedman of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered March 1, 2022, which to the extent appealed from as limited by the briefs, granted defendant International Fidelity Insurance Company's (IFIC) motion to dismiss plaintiff's first cause of action for breach of the performance bond, unanimously affirmed, without costs.

Plaintiff seeks to require defendant IFIC to defend and indemnify it against a suit brought by a subcontractor, EIC Associates, Inc....

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