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JENNA'S PLACE, LLC v. LEGION INSURANCE COMPANY

0601188/2001, Motion Seq. 002, 591072/01.

2008 NY Slip Op 31956 (U)

JENNA'S PLACE, LLC D/B/A THE MODERNE and TRI-BORO APPLE, INC., Plaintiffs, v. LEGION INSURANCE COMPANY, Defendant. LEGION INSURANCE COMPANY, Third-Party Plaintiff, v. 56TH STREET LLC, PLAZA CONSTRUCTION CO., URBAN FOUNDATION/ENGINEERING LLC and LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC., Third-Party Defendants.

Supreme Court of the State of New York, New York County.

July 7, 2008.

DORIS LING-COHAN, Judge,

In this insurance action, defendant/third-party plaintiff, Legion Insurance Company (Legion) moves, pursuant to CPLR 3211 (a) (1), for an order dismissing the complaint on the ground that a defense is founded upon documentary evidence; or alternatively, pursuant to CPLR 2215, for an order staying the action.

Third-party defendant, Langan Engineering and Environmental Services, Inc. (Langan) joins in the motion with respect to Legion...

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