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NCA COMP, INC. v. 1289 CLIFFORD AVE.

22 CA 16-00066.

151 A.D.3d 1548 (2017)

2017 NY Slip Op 04576

53 N.Y.S.3d 841

NCA COMP, INC., as Administrator of CONTRACTORS SELF-INSURANCE TRUST FUND, Appellant, v. 1289 CLIFFORD AVE., Doing Business as EMPIRE HEATING & AIR CONDITIONING, et al., Defendants, and MEMMINGER'S PAINTING, INC., et al., Respondents. (Appeal No. 2.)

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

Decided June 9, 2017.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion and cross motion are denied, and the complaint against defendants Memminger's Painting, Inc. and Historicon, Inc. is reinstated.

Same memorandum as in NCA Comp, Inc. v 1289 Clifford Ave. ([appeal No. 1] 151 A.D.3d 1544

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