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VITAL REALTY, LLC v. GREENWICH INSURANCE COMPANY

11055, 651064/12

112 A.D.3d 498 (2013)

976 N.Y.S.2d 385

2013 NY Slip Op 8377

VITAL REALTY, LLC, Respondent, v. GREENWICH INSURANCE COMPANY et al., Appellants.

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

Decided December 17, 2013.

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered November 13, 2012, which denied defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (3) and (7), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

In December 2008, a fire broke out at 1745 Amsterdam Avenue, in Manhattan, and allegedly damaged the adjacent apartment building located at 1741-1743...

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