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PREFERRED CONTRS. INS. CO. RISK RETENTION GROUP, LLC v. NUWAY INTERIOR CORP.

2015-09730. Index No. 700949/14.

161 A.D.3d 800 (2018)

76 N.Y.S.3d 568

2018 NY Slip Op 03162

Preferred Contractors Insurance Company Risk Retention Group, LLC, Respondent, v. Nuway Interior Corp. et al., Defendants, and Foundations Interior Design Corporation et al., Appellants.

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

Decided May 2, 2018.

Ordered that the appeal is dismissed, with costs.

In February 2014, the plaintiff insurer commenced this action for a judgment declaring that it is not obligated to defend or indemnify the defendant Nuway Interior Corp. (hereinafter Nuway) in an underlying action entitled Antonyshyn v Tishman Constr. Corp. pending in the Supreme Court, Queens County, under index No. 4094/12. Thereafter, the plaintiff moved, inter alia, for leave to enter a default judgment...

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