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5512 OEAAJB CORP. v. HAMILTON INS. CO.

2019-00249, 2019-00250. Index No. 606397/17.

189 A.D.3d 1136 (2020)

138 N.Y.S.3d 555

2020 NY Slip Op 07525

5512 OEAAJB Corp., Plaintiff, v. Hamilton Insurance Company, Defendant/Second Third-Party Plaintiff-Appellant, et al., Defendant. Brian O'Kane, Second Third-Party Defendant-Respondent. (And Another Third-Party Action.) (Appeal No. 1.) 5512 OEAAJB Corp., Respondent, v. Hamilton Insurance Company, Defendant/Second Third-Party Plaintiff-Appellant, and Inter Insurance Agency, Respondent. Brian O'Kane, Second Third-Party Defendant-Respondent. (And Another Third-Party Action.) (Appeal No. 2.)

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Manning & Kass, Ellrod, Ramirez, Trester, LLP, New York, NY ( Eric Wahrburg of counsel), for defendant second third-party plaintiff-appellant.

Sullivan & Klein, LLP, New York, NY ( Robert M. Sullivan and Frederick M. Klein of counsel), for second third-party defendant-respondent.

Balkin, J.P., Cohen, Maltese and Wooten, JJ. concur.

Ordered that the appeal from the order entered November 30, 2018, is dismissed as the order was superseded by the interlocutory judgment entered December 12, 2018; and it is further,

Ordered that the interlocutory judgment is affirmed insofar as appealed from, and it is further;

Ordered that one bill of costs is awarded to the respondents.

In September 2016, the plaintiff, through its insurance broker, the defendant Inter Insurance Agency, secured...

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