EDWARD HORTON BLDRS., INC. v. ARCH SPECIALTY INS. CO.

2018-12644. Index No. 602171/18.

189 A.D.3d 998 (2020)

133 N.Y.S.3d 898

2020 NY Slip Op 07355

Edward Horton Builders, Inc., Appellant, v. Arch Specialty Insurance Company et al., Respondents.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Gordon & Silber, P.C., New York, NY ( Michael A. Bayron and Andrew B. Kaufman of counsel), for appellant.

Kelly & Curtis, PLLC, New York, NY ( Adam B. Curtis and Andrew I. Mandelbaum of counsel), for respondents.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion of the defendant Arch Specialty Insurance Company pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint insofar as against it; as so modified, the order is affirmed, with costs to the plaintiff.

The plaintiff commenced this action against, among others, Arch Specialty Insurance Company (hereinafter Arch), seeking, inter alia, a declaration that Arch was obligated...

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