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OSORIO v. KENART REALTY, INC.

48 A.D.3d 650 (2008)

852 N.Y.S.2d 317

ANGEL OSORIO, Plaintiff, v. KENART REALTY, INC., et al., Defendants, and MADISON 45 COMPANY et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. TOWER INSURANCE COMPANY, Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendants.

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

Decided February 19, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, those branches of the motion of the defendant third-party plaintiff Madison 45 Company and the third-party plaintiff American National Fire Insurance Company which were for summary judgment in the third-party action declaring that the insurance coverage provided by the third-party plaintiff American National Fire Insurance Company is excess to that provided...

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