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128 HESTER LLC v. NEW YORK MAR. & GEN. INS. CO.

14433, 651523/11

126 A.D.3d 447 (2015)

5 N.Y.S.3d 69

2015 NY Slip Op 01870

128 HESTER LLC, Respondent, v. NEW YORK MARINE AND GENERAL INSURANCE COMPANY, Respondent-Appellant/Third-Party Plaintiff-Appellant, and TOWER INSURANCE COMPANY OF NEW YORK, Appellant-Respondent/Third-Party Defendant-Appellant, et al., Defendants, et al., Third-Party Defendant/ Third-Party Plaintiff, et al., Third-Party Defendant.

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

Decided March 5, 2015.

Order, Supreme Court, New York County (George J. Silver, J.), entered May 21, 2014, which denied defendant insurers' motions for summary judgment dismissing the complaint, unanimously modified, on the law, to grant defendant Tower Insurance Company of New York summary judgment dismissing the complaint, the third-party complaint and all cross claims as against it, and otherwise affirmed, without costs.

[Prior Case History: 2014 NY Slip Op 31334(U).]

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