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SIRIUS AMERICA INSURANCE COMPANY v. TGC CONSTRUCTION CORP.

37 A.D.3d 818 (2007)

830 N.Y.S.2d 773

SIRIUS AMERICA INSURANCE COMPANY et al., Respondents, v. TGC CONSTRUCTION CORP. et al., Appellants, et al., Defendants.

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

Decided February 27, 2007.

Ordered that the order and judgment is affirmed, with costs.

On March 8, 2002 Robert Matthius sustained personal injuries while employed by a subcontractor at a construction site on Staten Island. In October 2002 Matthius commenced the underlying personal injury action to recover damages against, among others, TGC Construction Corp. (hereinafter TGC). The plaintiff Sirius America Insurance Company, TGC's insurance carrier...

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