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CROSS COUNTRY STAFFING, INC. v. ALLIED WORLD ASSUR. CO., INC.

2020-04552. Index Nos. 611185/17, 617350/17.

230 A.D.3d 1102 (2024)

218 N.Y.S.3d 115

2024 NY Slip Op 04372

Cross Country Staffing, Inc., Plaintiff, v. Allied World Assurance Company, Inc., et al., Defendants. (Action No. 1.). Nightingale Nurses, LLC, Appellant, v. Allied World Assurance Company, Inc., et al., Defendants, and Allied World Surplus Lines Insurance Company, Respondent. (Action No. 2.).

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

Decided September 11, 2024.

Attorney(s) appearing for the Case

Troutman Pepper Hamilton Sanders LLP, New York, NY (Joshua A. Dachs, Brandon D. Almond, pro hac vice, and Sophia N. Dauria of counsel), for respondent and defendants Allied World Assurance Company, Inc., and Allied World Assurance Company.

Victor A. Carr, Mineola, NY (Thomas J. Stock of counsel), for appellant.

Barros, J.P., Chambers, Wooten and Wan, JJ., concur.

In two related actions, inter alia, for a judgment declaring that Allied World Surplus Lines Insurance Company, a defendant in action Nos. 1 and 2, has a duty to defend and indemnify Nightingale Nurses, LLC, a defendant in action No. 1 and the plaintiff in action No. 2, in an underlying action entitled Momah v Huntington Hosp., pending in the Supreme Court, Suffolk County, under index No. 35712/12, and a related third-party...

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