WAUSAU UNDERWRITERS INS. CO. v. GAMMA USA, INC.

2016-06358. Index No. 708796/15.

166 A.D.3d 928 (2018)

89 N.Y.S.3d 186

2018 NY Slip Op 08055

Wausau Underwriters Insurance Company, Appellant, v. Gamma USA, Inc., et al., Defendants, and W5 Group, LLC, Respondent. Tishman Construction Corporation of New York et al., Nonparty Respondents.

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

Decided November 21, 2018.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the nonparty-respondents Tishman Construction Corporation of New York and The New School which was pursuant to CPLR 3211 (a) to dismiss the causes of action for a declaratory judgment, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs payable by the plaintiff...

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