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STRAUSS INC. v. MT. HAWLEY

No. 203.

24 N.Y.3d 578 (2014)

STRAUSS PAINTING, INC., Appellant-Respondent, v. MT. HAWLEY INSURANCE COMPANY, Respondent-Appellant, and METROPOLITAN OPERA ASSOCIATION, INC., Respondent.

Court of Appeals of New York.

Decided November 24, 2014.

Attorney(s) appearing for the Case

Richard Janowitz , Mineola, for appellant-respondent.

Crowell & Moring LLP, New York City ( Clifton S. Elgarten , Stuart C. Levene and Jared A. Levine of counsel), for respondent-appellant.

Ahmuty, Demers & McManus, Albertson ( William J. Mitchell of counsel), for respondent.

Judges GRAFFEO, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur; Judge READ dissents in part in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

By agreement dated September 3, 2008, Strauss Painting, Inc. (Strauss)/Creative Finishes, Ltd. (Creative) contracted with the Metropolitan Opera Association, Inc. (the Met) to perform work on the Met's premises; specifically, to strip and repaint the rooftop steel...

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