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RIVERA v. TRIBECA WHITE ST., LLC

8612, 8613.

170 A.D.3d 446 (2019)

93 N.Y.S.3d 570

2019 NY Slip Op 01647

Maura Rivera, Plaintiff, v. Tribeca White Street, LLC, et al., Defendants, Everest Scaffolding, Inc., Respondent/Second Third-Party Plaintiff-Respondent. State National Insurance Company, Second Third-Party Defendant-Appellant, et al., Second Third-Party Defendant. (And a Third-Party Action.)

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

Decided March 7, 2019.

Given the merit of Everett's original motion for summary judgment (but for its technical defects) and the lack of prejudice to Clarendon, the motion court properly granted Everest's motion for renewal (see Mejia v Nanni, 307 A.D.2d 870, 871 [1st Dept 2003]).

The court correctly determined that Clarendon was obligated to defend Everett because the allegations of the underlying personal injury complaint suggest "a reasonable...

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