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CORAL & STONES UNLIMITED CORP. v. CERTAIN UNDERWRITERS AT LLOYDS VIA MARSH S.A.

23 A.D.3d 202 (2005)

803 N.Y.S.2d 526

CORAL & STONES UNLIMITED CORP., Appellant, v. CERTAIN UNDERWRITERS AT LLOYDS VIA MARSH S.A., BRUSSELS, et al., Respondents.

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

November 3, 2005.

The court properly exercised its discretion in permitting defendants to amend their answer to interpose the defense of misrepresentation (see CPLR 3025 [b]; Masterwear Corp. v Bernard, 3 A.D.3d 305 [2004]), and in granting summary judgment based on that defense (see Igbara Realty Corp. v New York Prop. Ins. Underwriting Assn., 104 A.D.2d 258 [1984]). Defendants conclusively established...

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