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BONDED CONCRETE, INC. v. TRANSCONTINENTAL INSURANCE COMPANY

12 A.D.3d 761 (2004)

784 N.Y.S.2d 212

BONDED CONCRETE, INC., Appellant, v. TRANSCONTINENTAL INSURANCE COMPANY, Doing Business as CNA COMMERCIAL INSURANCE, Respondent.

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

November 4, 2004.

Carpinello, J.

This declaratory judgment action between plaintiff, an insured under a commercial general liability insurance policy, and defendant, its insurer, arises out of a dispute which itself was the subject of a recent appeal to this Court (see U.W. Marx, Inc. v Bonded Concrete, Inc., 7 A.D.3d 856 [2004]). In that prior action, filed in mid-November 1999, plaintiff was sued...

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