In this action plaintiff Vigilant Insurance Company seeks a declaratory judgment as to the rights and obligations of it and the defendant insurance companies to their mutual insured, Falgiano Construction Co., Inc. (Falgiano). In the underlying lawsuit Antonio Monteleone, an employee of Falgiano, sued Balling Construction, Inc. (Balling), the general contractor at the worksite where he was injured, premised upon negligence and violations of Labor Law § 241. Balling in...
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