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GOULD INVESTORS, L.P. v. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA

2010-09087.

83 A.D.3d 660 (2011)

920 N.Y.S.2d 395

GOULD INVESTORS, L.P., Respondent, v. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Appellant.

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

Decided April 5, 2011.

Ordered that the order is affirmed, with costs.

The defendant moved for summary judgment dismissing the complaint on the ground that, inter alia, the plaintiff's settlement of separate actions with persons harmed by its employee's conduct breached a provision of a commercial crime insurance policy requiring it to preserve the defendant's subrogation rights. The Supreme Court construed the policy as making the plaintiff's...

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