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NADKOS v. PREFERRED CONTRS.

123 KA 16-01467.

162 A.D.3d 7 (2018)

76 N.Y.S.3d 528

2018 NY Slip Op 03242

NADKOS, INC., Appellant, v. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP LLC, Respondent, et al., Defendant.

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

Decided May 3, 2018.

Attorney(s) appearing for the Case

Melito & Adolfsen P.C., New York City ( S. Dwight Stephens and Ignatius John Melito of counsel), for appellant.

Diane Bucci , New York City, for respondent.

ACOSTA, P.J., MANZANET-DANIELS, TOM and OING, JJ., concur.

OPINION OF THE COURT

The issue on this appeal, and one of first impression for this Court, is whether a risk retention group's (RRG)1 failure to comply with the provision of Insurance Law § 3420 (d) (2), requiring a timely notice of disclaimer, constitutes...

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