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RODLESS PROPERTIES, L.P. v. WESTCHESTER FIRE INSURANCE COMPANY

40 A.D.3d 253 (2007)

835 N.Y.S.2d 154

RODLESS PROPERTIES, L.P., et al., Appellants-Respondents, v. WESTCHESTER FIRE INSURANCE COMPANY, Respondent-Appellant, et al., Defendants.

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

Decided May 3, 2007.

The plaintiff in the underlying action was injured when he fell from a scaffold or ladder while working at a site owned by the noninsurer plaintiffs herein (collectively Rodless). This action ensued after Westchester, the general liability insurer of defendant general contractor American Pipe and Tank Lining Co. (American Pipe), refused to defend Rodless in the underlying action on the ground that its policy did not include Rodless...

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