Law Offices of Michael A. Haskel, Mineola ( Michael A. Haskel of counsel), for respondents-appellants.
Chamberland D'Amanda Oppenheimer & Greenfield LLP, Rochester ( K. Wade Eaton of counsel), and Wiley Rein LLP, Washington, D.C. ( Laura A. Foggan and Jennifer A. Williams of counsel), for Complex Insurance Claims Litigation Association and another, amici curiae.
Chief Judge LIPPMAN and Judges READ and RIVERA concur with Judge SMITH; Judge GRAFFEO dissents and votes to affirm the order appealed from in an opinion in which Judge PIGOTT concurs; Judge ABDUS-SALAAM taking no part.
Court of Appeals of New York.
OPINION OF THE COURT
SMITH, J.
American Guarantee & Liability Insurance Company contends, on reargument, that our prior decision in this case, K2 Inv. Group, LLC v American Guar. & Liab. Ins. Co. (21 N.Y.3d 384 [2013]) (K2-I), erred by failing to take account of a controlling precedent, Servidone Constr. Corp. v Security Ins. Co. of Hartford
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