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GA INSURANCE COMPANY OF NEW YORK v. SIMMES

270 A.D.2d 664 (2000)

704 N.Y.S.2d 700

GA INSURANCE COMPANY OF NEW YORK, Appellant, v. DIANE SIMMES, Doing Business as PAINTER CONTRACTING, Defendant, and SUSAN SHELDON, as Personal Representative of MELANIE R. CARY, Deceased, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 16, 2000.

Spain, J. P.

In the fall of 1995, defendant Diane Simmes, doing business as Painter Contracting, was awarded a subcontract by Murnane Building Contractors, Inc. for a painting project at Great Meadow Correctional Facility in Washington County. Plaintiff issued Simmes an insurance policy for the period November 1995 to November 1996, which was canceled effective March 31, 1996 for nonpayment of premiums.

In August 1996 Murnane informed Simmes that they both...

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