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MT. HAWLEY INSURANCE COMPANY v. INTERSTATE FIRE AND CASUALTY COMPANY

9725, 100812/09, 116634/05, 591075/08.

105 A.D.3d 459 (2013)

963 N.Y.S.2d 84

2013 NY Slip Op 2331

MT. HAWLEY INSURANCE COMPANY, Appellant, v. INTERSTATE FIRE AND CASUALTY COMPANY, Respondent. DANIEL GUTOWSKI, Plaintiff, v. GDM HUDSON LAIGHT STREET, LLC, et al., Defendants, and 48 LAIGHT STREET ASSOCIATES, LLC, Respondent/Third-Party Plaintiff-Respondent. THE HELIX GROUP, INC., Third-Party Defendant-Respondent.

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

Decided April 4, 2013.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 1, 2012, as amended by order entered November 16, 2012, which granted defendant/third party plaintiff 48 Laight Street's motion for summary judgment on its claim for contractual indemnification against third-party defendant the Helix Group, Inc. and denied third-party defendant's motion to dismiss, unanimously dismissed, without costs.

In this declaratory judgment action originating out...

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