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SCORDIO CONSTRUCTION INC. v. SIRIUS AMERICA INSURANCE COMPANY

51 A.D.3d 768 (2008)

858 N.Y.S.2d 283

SCORDIO CONSTRUCTION, INC., Respondent, v. SIRIUS AMERICA INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided May 13, 2008.

Ordered that the order dated February 15, 2007, is reversed insofar as appealed from, with costs, that branch of the motion of the defendant Sirius America Insurance Company which was for leave to renew is granted, and, upon renewal, so much of the order dated November 6, 2006, as granted that branch of the plaintiff's motion which was for summary judgment against the defendant Sirius America Insurance Company is vacated, that branch...

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