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VERTEX RESTORATION CORP. v. CATLIN INS. CO.

2015-10533. Index No. 27142/11.

156 A.D.3d 847 (2017)

65 N.Y.S.3d 718

2017 NY Slip Op 08877

VERTEX RESTORATION CORP., Respondent, v. CATLIN INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided December 20, 2017.

Ordered that the order is affirmed, with costs.

The plaintiff was hired as the general contractor on a project to demolish an existing building and construct a new residential building on property owned by 36 Maspeth Avenue, LLC. In August 2007, the plaintiff procured a commercial general liability insurance policy from the defendant Catlin Insurance Company (hereinafter the defendant). Sometime before December 8, 2008, while construction work was ongoing, the foundation...

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