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UTICA MUTUAL INSURANCE COMPANY v. BROOKLYN NAVY YARD DEVELOPMENT CORP.

2009-11742, 2009-11743.

83 A.D.3d 817 (2011)

921 N.Y.S.2d 287

UTICA MUTUAL INSURANCE COMPANY, as Subrogee of Ares Printing & Packaging Corp., Appellant, v. BROOKLYN NAVY YARD DEVELOPMENT CORP. et al., Respondents, et al., Defendant.

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

Decided April 12, 2011.

ORDERED that the order dated September 18, 2009, is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated October 5, 2009, is reversed, on the law, and the motion of the defendants Brooklyn Navy Yard Development Corp. and the City of New York for summary judgment dismissing the complaint insofar as asserted against them is denied; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

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