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34-06 73, LLC v. SENECA INS. CO.

Index No. 652422/11. Appeal No. 12982N-12982NA. Case No. 2019-04601.

190 A.D.3d 628 (2021)

2021 NY Slip Op 00483

34-06 73, LLC, et al., Respondents, v. Seneca Insurance Company, Appellant.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Rubin, Fiorella, Friedman & Mercante LLP, New York ( Paul Kovner of counsel), for appellant.

Weg and Myers, P.C., New York ( Dennis T. D'Antonio of counsel), for respondents.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

Supreme Court providently granted plaintiffs' application to conform the pleadings to the proof at trial to assert a claim for reformation (see CPLR 3025[c]; Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23 [1981]), which relates back to the complaint here where the applicability of the Protective Safeguards Endorsement (PSE) to the policy issued by defendant has been at the heart of the litigation from the outset...

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