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BURLINGTON INS. v. NYC TR.

102774/11.

132 A.D.3d 127 (2015)

14 N.Y.S.3d 377

2015 NY Slip Op 06481

THE BURLINGTON INSURANCE COMPANY, Respondent, v. NYC TRANSIT AUTHORITY et al., Appellants.

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

Decided August 11, 2015.

Attorney(s) appearing for the Case

Shein & Associates, P.C., Syosset ( Charles R. Strugatz of counsel), for appellants.

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City ( Joseph D'Ambrosio , Andrew I. Mandelbaum and John A. Mattoon, Jr. of counsel), for respondent.

MOSKOWITZ, FEINMAN, GISCHE and KAPNICK, JJ., concur.

OPINION OF THE COURT

The outcome of this appeal turns on whether defendants New York City Transit Authority (NYCTA) and Metropolitan Transit Authority (MTA) are entitled to coverage from plaintiff The Burlington Insurance Company (Burlington) for the subject loss under policy...

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