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OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY OF NEW YORK, INC. v. FAIRMONT INSURANCE BROKERS, LTD.

10562, 601168/10

112 A.D.3d 456 (2013)

978 N.Y.S.2d 4

2013 NY Slip Op 8199

OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY OF NEW YORK, INC., Respondent, v. FAIRMONT INSURANCE BROKERS, LTD., Appellant.

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

Decided December 10, 2013.

Even though defendant appealed from an order and not the ensuing final judgment, under CPLR 5520 (c) this Court has the discretion to address the liability issues (see Robertson v Greenstein, 308 A.D.2d 381 [1st Dept 2003], appeal dismissed 2 N.Y.3d 759 [2004]). In any event, the order that was appealed incorrectly concluded that the hearing would be limited to the amounts invoiced pursuant...

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