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ERIE INSURANCE GROUP v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY

63 A.D.3d 1412 (2009)

ERIE INSURANCE GROUP et al., Appellants, v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided June 18, 2009.

Kane, J.

Defendant Martin McClary subcontracted with the general contractor, plaintiff Pine Ridge Log Homes, Inc., to do foundation work for the construction of a home. McClary was insured by defendant National Grange Mutual Insurance Company (hereinafter NGM). McClary's employee, defendant Michael P. Giblin, commenced an underlying personal injury action after he lost an eye while working on the project (see Giblin v Pine Ridge Log Homes, Inc.,

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