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GUIDEONE SPECIALTY INSURANCE COMPANY v. ADMIRAL INSURANCE COMPANY

57 A.D.3d 611 (2008)

869 N.Y.S.2d 565

GUIDEONE SPECIALTY INSURANCE COMPANY, Individually and as Subrogee of TORAH ACADEMY FOR GIRLS, Respondent, v. ADMIRAL INSURANCE COMPANY, Appellant, et al., Defendants.

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

December 9, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellant's motion to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (1) and (7) is granted.

In November 2002, the defendant Weingarten Custom Homes (hereinafter WCH) contracted with Torah Academy for Girls (hereinafter Torah Academy) to build an addition to Torah Academy's building (hereinafter the project). As required by the contract, Torah...

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