LMIII REALTY, LLC v. GEMINI INSURANCE COMPANY

CA 11-00928.

90 A.D.3d 1520 (2011)

935 N.Y.S.2d 412

2011 NY Slip Op 9406

LMIII REALTY, LLC, et al., Respondents, v. GEMINI INSURANCE COMPANY, Appellant, et al., Defendant. (Appeal No. 2.)

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

Decided December 23, 2011.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying summary judgment to plaintiffs in part, vacating the declaration and granting judgment in favor of plaintiffs as follows:

It is adjudged and declared that plaintiff LMIII Realty, LLC is an additional insured under the policy issued by defendant Gemini Insurance Company, and as modified the judgment is affirmed without costs.

Memorandum: Plaintiffs commenced...

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