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6593 DR LLC v. SPRINGHILL SMC

4799/2020.

71 Misc.3d 1086 (2021)

147 N.Y.S.3d 386

2021 NY Slip Op 21094

6593 WEIGHLOCK DRIVE, LLC, et al., Plaintiffs, v. SPRINGHILL SMC CORPORATION et al., Defendants.

Supreme Court, Onondaga County.

Decided April 13, 2021.

Attorney(s) appearing for the Case

Mound Cotton Wollan & Greengrass, LLP, New York City ( Philip C. Silverberg of counsel), for Zurich American Insurance Company, defendant.

Lynn Law Firm, Syracuse ( Kelsey W. Shannon of counsel), for plaintiffs.

Smith Sovik Kendrick & Sugnet, P.C., Syracuse ( Karen G. Felter of counsel), and Zobrist Law Group, PLLC, Washington, DC ( Jonathan Jacobs , admitted pro hac vice, of counsel), for Springhill SMC Corporation and others, defendants.

OPINION OF THE COURT

This constitutes the court's decision regarding the CPLR 3211(a)(1) and (7) pre-answer motion of defendant Zurich American Insurance Company seeking dismissal of plaintiffs' amended complaint. Plaintiffs oppose the motion. In the alternative, plaintiffs request that any dismissal be without...

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