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PONOK REALTY CORP. v. UNITED NATIONAL SPECIALTY INSURANCE COMPANY

2008-07499

69 A.D.3d 596 (2010)

893 N.Y.S.2d 125

2010 NY Slip Op 124

PONOK REALTY CORP., Appellant, v. UNITED NATIONAL SPECIALTY INSURANCE COMPANY, Respondent.

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

Decided January 5, 2010.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment, inter alia, declaring that the defendant is not obligated to defend and indemnify Ponok Realty Corp. in the underlying action.

The plaintiff's argument that the "prejudice" rule articulated in Insurance Law § 3420 (c) (2) (A), governs this case is unavailing. A 2008 amendment to Insurance Law § 3420 (c) (2) (A) (

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