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VISTA ENG'G CORP. v. EVEREST INDEM. INS. CO.

5839, 302991/15.

161 A.D.3d 596 (2018)

78 N.Y.S.3d 43

2018 NY Slip Op 03730

Vista Engineering Corporation, Appellant, v. Everest Indemnity Insurance Company, Respondent, et al., Defendants.

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

Decided May 24, 2018.

This appeal concerns an insurance coverage dispute. Because its resolution involves the application of Carlson v American Intl. Group, Inc. (30 N.Y.3d 288 [2017]), which was handed down by the Court of Appeals when this appeal was pending and all the briefing complete, we remand to the motion court for further fact-finding.

In September 2010, defendant East Coast Painting (East

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