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JUDLAU CONTRACTING, INC. v. WESTCHESTER FIRE INSURANCE COMPANY

46 A.D.3d 482 (2007)

851 N.Y.S.2d 391

JUDLAU CONTRACTING, INC., Appellant, v. WESTCHESTER FIRE INSURANCE COMPANY et al., Respondents.

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

Decided December 27, 2007.

In April 2004, plaintiff was impleaded in an underlying action in which Bloomingdales alleged it had incurred property damage in February 2002 as a result of work performed by the New York City Transit Authority. In August 2004, plaintiff tendered its defense as an additional insured in that action to Westchester Fire, which had issued an insurance policy to plaintiff's subcontractor, Janus Industries, for the period August 13, 2001 to August 13, 2002.

In November...

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