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SENECA SPECIALTY INS. CO. v. T.B.D. CAPITAL, LLC

2014-09446, Index No. 506045/13.

143 A.D.3d 971 (2016)

2016 NY Slip Op 07017

40 N.Y.S.3d 450

SENECA SPECIALTY INSURANCE CO., Appellant, v. T.B.D. CAPITAL, LLC, Respondent.

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

Decided October 26, 2016.

Ordered that the order is affirmed, with costs.

After denying the defendant's claim of loss under an insurance policy, the plaintiff commenced this action against the defendant, inter alia, for a judgment declaring the subject policy rescinded and void. At the time, the defendant had already commenced an action in the State of Indiana against the plaintiff and its parent company, inter alia, for a judgment declaring that...

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