NATIONAL HEALTH CARE ASSOC. v. LIBERTY MUT. INS. CO.

Index No. 650272/18. Appeal No. 13055. Case No. 2020-01402.

191 A.D.3d 440 (2021)

137 N.Y.S.3d 696

2021 NY Slip Op 00633

National Health Care Associates et al., Respondents-Appellants, v. Liberty Mutual Insurance Company et al., Appellants-Respondents.

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

Decided February 4, 2021.


Attorney(s) appearing for the Case

Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York ( Todd Rosenbaum of counsel), and Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., Boston, MA ( Nicholas C. Cramb of the Bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for Liberty Mutual Insurance Company and Arlington Insurance Company, LTD., appellants-respondents.

Stroock & Stroock & Lavan LLP, New York ( Robert Lewin of counsel), for Arch Insurance Company, appellant-respondent.

Paduano & Weintraub LLP, New York ( Katherine B. Harrison of counsel), for Prism Consultants, LLC, Asher Schoor, Ettie Schoor, Woodbury CC, LLC, Comp Control Insurance Company SPC and Comp Control, LLC, appellants-respondents.

Kasowitz Benson Torres LLP, New York ( Jeffrey Ephraim Glatt of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.


Accepting the truth of the facts alleged in the complaint and submissions in opposition to the motions and according plaintiffs the benefit of every possible favorable inference (see generally Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), plaintiffs' claims under the New York Insurance Law and under the New Jersey Consumer Fraud Act (NJ Stat Ann 56:8-1 et seq.), and their breach of contract claim as against defendant Arch...

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