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HARCO CONSTR., LLC v. FIRST MERCURY INS. CO.

2018-14768. Index No. 16011/13.

190 A.D.3d 831 (2021)

140 N.Y.S.3d 553

2021 NY Slip Op 00297

Harco Construction, LLC, Respondent, et al., Plaintiff, v. First Mercury Insurance Company, Appellant, et al., Defendant.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York, NY ( Kristin V. Gallagher and Jacob J. Palefski of counsel), for appellant.

Abrams, Gorelick, Friedman & Jacobson, LLP (Ford Marrin Esposito Witmeyer & Gleser, LLP, New York, NY [ Joseph D'Ambrosio and Caroline McKenna ], of counsel), for respondent.

Dillon, J.P., LaSalle, Iannacci and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment, inter alia, declaring that the defendant First Mercury Insurance Company is obligated to reimburse the plaintiff Harco Construction, LLC, for certain defense and indemnity costs.

The plaintiff Harco Construction, LLC (hereinafter Harco), entered into a contract...

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