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COMPASS CONSTRUCTION OF NEW YORK v. EMPIRE FIRE & MARINE COMPANY OF OMAHA, NEBRASKA

43 A.D.3d 1099 (2007)

842 N.Y.S.2d 554

COMPASS CONSTRUCTION OF NEW YORK, Appellant, v. EMPIRE FIRE & MARINE COMPANY OF OMAHA, NEBRASKA, et al., Respondents. (Action No. 1.) KEVIN KELLY et al., Appellants, v. EMPIRE FIRE & MARINE INSURANCE COMPANIES, Respondent. (Action No. 2.)

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

Decided September 25, 2007.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the motion of the defendant Empire Fire & Marine Company of Omaha, Nebraska, in action No. 1 and the defendant Empire Fire and Marine Insurance Companies in action No. 2 for summary judgment in their favor in both actions, and substituting therefor a provision denying the motion, and (2) by deleting the provisions thereof denying the cross motion of the plaintiff Compass Construction...

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