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25-01 NEWKIRK AVE., LLC v. EVEREST NATL. INS. CO.

2014-04084, Index No. 501172/13.

127 A.D.3d 850 (2015)

7 N.Y.S.3d 325

2015 NY Slip Op 02958

25-01 NEWKIRK AVENUE, LLC, Appellant, v. EVEREST NATIONAL INSURANCE COMPANY, Respondent.

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

Decided April 8, 2015.

In an action, inter alia, for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an underlying personal injury action entitled Michel v 25-01 Newkirk Ave., LLC, pending in the Supreme Court, Kings County, under index No. 8871/12, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated March 6, 2014, which granted the defendant's motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint...

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