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11 ESSEX STREET CORP. v. TOWER INSURANCE COMPANY OF NEW YORK

30 A.D.3d 348 (2006)

816 N.Y.S.2d 910

11 ESSEX STREET CORP., Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Appellant.

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

June 29, 2006.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered December 1, 2005, which, to the extent appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint, and granted plaintiff's cross motion to strike the fifth affirmative defense, unanimously affirmed, with costs, for the reasons stated in 242-44 E. 77th St., LLC v Greater N.Y. Mut. Ins. Co. (31 A.D.3d 100, 105...

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