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MATTER OF TEMPLE CONSTRUCTION CORP. v. SIRIUS AMERICA INSURANCE COMPANY

40 A.D.3d 1109 (2007)

837 N.Y.S.2d 689

In the Matter of TEMPLE CONSTRUCTION CORP., et al., Appellants, v. SIRIUS AMERICA INSURANCE COMPANY, Respondent.

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

Decided May 29, 2007.

Ordered that the proceeding is converted into an action for a declaratory judgment, and the notice of petition and petition are deemed to be a summons and complaint (see CPLR 103 [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of Sirius America Insurance Company which was to dismiss the cause of action asserted by Bokharian Jewish Community Center, Inc., for a declaration...

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