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STOUT v. 1 EAST 66TH STREET CORPORATION

2010-08344

90 A.D.3d 898 (2011)

935 N.Y.S.2d 49

2011 NY Slip Op 9308

WILLIAM STOUT, Plaintiff, v. 1 EAST 66TH STREET CORPORATION et al., Defendants. (And a Third-Party Action.) (Action No. 1.) TISHMAN CONSTRUCTION CORPORATION et al., Respondents, v. INTERSTATE FIRE AND CASUALTY COMPANY, Respondent, and ZURICH AMERICAN INSURANCE COMPANY, Appellant, et al., Defendants. (Action No. 2.)

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

Decided December 20, 2011.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of Tishman Construction Corporation and Tishman Interiors Corporation which was for summary judgment declaring that Zurich American Insurance Company is obligated to indemnify them in action No. 1 under an insurance policy issued by Zurich American Insurance Company to Atlantic-Heydt Corporation and substituting therefor a provision denying that branch...

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