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CERTAIN UNDERWRITERS AT LLOYD'S LONDON v. BIOENERGY DEV. GROUP, LLC

Index No. 655792/17. Appeal Nos. 12674, 12675, 12675A, 12675B, 12675C. Case No. 2019-4482, 2020-01574, 2020-02257.

189 A.D.3d 573 (2020)

139 N.Y.S.3d 13

2020 NY Slip Op 07666

Certain Underwriters at Lloyd's London et al., Appellants, v. Bioenergy Development Group, LLC, et al., Respondents.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Zelle LLP, New York ( Matthew L. Gonzalez and Isabella Stankowski-Booker of counsel), for appellants.

Anderson Kill, P.C., New York ( Dennis J. Artese , Robert M. Horkovich and Vivian C. Michael of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

By requesting that an appraisal panel allocate property damage loss between "Buildings" and "Machinery and Contents," plaintiffs expressly consented to the panel's determining which damaged items were "Buildings" and which "Machinery and Contents" (see Gansevoort Holding Corp. v Palatine Ins. Co., 11 Misc.2d 518, 522 [Sup Ct, NY County 1957], affd 7 A.D.2d 720 [1st Dept 1958], lv...

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