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N. RIVER INS. CO. v. UNITED NAT'L INS. CO.

81 N.Y.2d 812 (1993)

North River Insurance Company, Respondent-Appellant, v. United National Insurance Company, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Ayers & Thompson, P. C., New York City (Mark S. Moroknek of counsel), for appellant-respondent.

Morris, Graham, Stephens & McMorrow, Westbury (William H. Morris of counsel), for respondent-appellant.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's cross motion for summary judgment granted, and the complaint dismissed.

Summit Hoisting, a subcontractor on a construction site, had a worker's compensation insurance policy with plaintiff North River Insurance Company and a comprehensive general liability policy with defendant United National Insurance Company. An employee...

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