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GILBANE BLDG v. ST. PAUL FIRE

653199/11, 884.

143 A.D.3d 146 (2016)

38 N.Y.S.3d 1

2016 N.Y. Slip Op. 06052

GILBANE BUILDING Co./TDX CONSTRUCTION CORP. et al., Respondents, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY et al., Defendants, and LIBERTY INSURANCE UNDERWRITERS, Appellant.

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

Decided September 15, 2016.

Attorney(s) appearing for the Case

Hardin, Kundla, McKeon & Poletto, P.A., New York City ( George R. Hardin of counsel), for appellant.

Saxe Doernberger & Vita, P.C., New York City ( Richard W. Brown of counsel), for respondents.

Kaufman Dolowich & Voluck, LLP, Woodbury ( Michael L. Zigelman of counsel), for amicus curiae.

SWEENY, J.P., SAXE and GISCHE, JJ., concur with RENWICK, J.; KAHN, J., dissents in a separate opinion.

OPINION OF THE COURT

Plaintiffs Gilbane Building Co./TDX Construction Corp., a joint venture (the JV), and its individual members, Gilbane Building Company and TDX Construction Corporation, construction managers at a job site, seek a declaration that defendant Liberty Insurance Underwriters is obligated to defend and indemnify...

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