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RUDDY v. LEXINGTON INSURANCE COMPANY

40 A.D.3d 733 (2007)

835 N.Y.S.2d 440

HARRY RUDDY et al., Plaintiffs, v. LEXINGTON INSURANCE COMPANY et al., Defendants, and TREIBER GROUP, Defendant and Third-Party Plaintiff-Respondent. AFG PARTNERS, Third-Party Defendant-Appellant.

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

Decided May 8, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 1996 the plaintiffs, through their retail insurance broker Treiber Group, LLC, sued herein as Treiber Group (hereinafter Treiber), procured a homeowners' insurance policy covering their house and other structures on their property. The policy was issued by the defendant Lexington Insurance Company (hereinafter Lexington), through its agent, the third-party defendant, AFG Partners (hereinafter...

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