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DORMITORY AUTHORITY-STATE OF N.Y. v. RLI INS. CO.

Index No. 451339/17. Appeal No. 12644. Case No. 2020-02538.

191 A.D.3d 592 (2021)

143 N.Y.S.3d 31

2021 NY Slip Op 01193

Dormitory Authority of the State of New York, Respondent, v. RLI Insurance Company et al., Appellants.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Delahunt Law PLLC, Buffalo ( Timothy E. Delahunt of counsel), for appellants.

Brown Hutchinson LLP, Rochester ( T. Andrew Brown of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh JJ.

In April 2010, plaintiff Dormitory Authority of the State of New York (DASNY) entered into a contract with Charan Electrical Enterprises, Inc. (Charan), whereby Charan would "[r]eplace 500 MCM feeder cables from the basement level to the 9th floor roof level of" the library at Baruch College.

Pursuant to the contract, Charan made DASNY an additional insured on its policies. Its primary policy was issued by Harleysville. Its excess policy was issued by defendant Mt...

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