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CIVES CORP. v. GEORGE A. FULLER CO., INC.

2011-05260.

97 A.D.3d 713 (2012)

948 N.Y.S.2d 658

2012 NY Slip Op 5607

CIVES CORPORATION, Appellant, v. GEORGE A. FULLER COMPANY, INC., Defendant, and LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

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

July 18, 2012.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Liberty Mutual Insurance Company pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against it is denied.

The defendant George A. Fuller Company, Inc. (hereinafter Fuller), was the general contractor on a construction project known as the Concord Hotel & Casino-Retail-Event Center-Ballroom, located in Kiamesha...

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