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TOWN OF FORT ANN v. LIBERTY MUTUAL INSURANCE COMPANY

507076

69 A.D.3d 1261 (2010)

893 N.Y.S.2d 682

2010 NY Slip Op 612

TOWN OF FORT ANN et al., Appellants-Respondents, v. LIBERTY MUTUAL INSURANCE COMPANY et al., Respondents-Appellants, et al., Defendants.

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

Decided January 28, 2010.

LAHTINEN, J.

This action involves a dispute over insurance coverage that arose following the failure, on July 2, 2005, of the Hadlock Pond dam, which is owned by plaintiff Town of Fort Ann and had been reconstructed during 2004 and 2005 by defendant Kubricky Construction Corporation. As relevant here, the Town had entered into two contracts, one with Heynan Teale Engineers for engineering services related to the dam project, and another with Kubricky to do the reconstruction...

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