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COLONY INS. CO. v. DANICA GROUP, LLC

116200/10. Appeal No. 12742N-12742NA. Case No. 2020-00192.

189 A.D.3d 733 (2020)

134 N.Y.S.3d 723

2020 NY Slip Op 08026

Colony Insurance Company, Appellant, v. Danica Group, LLC, Respondent, and Zurich American Insurance Company et al., Intervenors-Respondents.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, LLP, Woodbury ( Eric B. Stern of counsel), for appellant.

Hollander Law Group, PLLC, Great Neck ( Michael R. Strauss of counsel), for Danica Group, LLC, respondent.

Fleischner Potash LLP, New York ( Alexandra E. Rigney of counsel), for Zurich American Insurance Company and Pav-Lak Industries, Inc., respondents.

Concur—Webber, J.P., Mazzarelli, Gesmer, Moulton, González, JJ.

August 9, 2019, which denied plaintiff's motion for summary judgment rescinding certain insurance policies issued to defendant Danica Group, LLC, and order, same court and Justice, entered December 2, 2019, which, to the extent appealed from, denied plaintiff's motion to renew its motion for summary judgment, unanimously affirmed, with costs.

While Supreme Court correctly found that the issue of the materiality of Danica's misrepresentations in its applications for...

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