EMPIRE BUILDERS & DEVELOPERS, INC. v. DELOS INSURANCE COMPANY

2010-03327.

78 A.D.3d 759 (2010)

910 N.Y.S.2d 548

EMPIRE BUILDERS & DEVELOPERS, INC., et al., Respondents, v. DELOS INSURANCE COMPANY, Respondent, and SCOTTSDALE INSURANCE COMPANY, Appellant.

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

Decided November 9, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendant Scottsdale Insurance Company which was, in effect, for summary judgment dismissing the causes of action to recover damages for breach of contract and all cross claims insofar as asserted against it, and declaring that it is not obligated to defend or indemnify the plaintiffs in an underlying action entitled Bermejo v 187 20th Realty, Inc.,

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