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DAMON G. DOUGLAS CO. v. MT. HAWLEY INS. CO.

Index No. 655491/18. Appeal No. 13669. Case No. 2020-00609.

193 A.D.3d 610 (2021)

146 N.Y.S.3d 126

2021 NY Slip Op 02488

Damon G. Douglas Company et al., Plaintiffs, v. Mt. Hawley Insurance Company, Appellant, and National Union Fire Insurance Company, Respondent, et al., Defendants.

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

Decided April 27, 2021.

Attorney(s) appearing for the Case

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York ( Joseph D'Ambrosio of counsel), for appellant.

Riker Danzig Scherer Hyland & Perretti LLP, New York ( Jeffrey A. Beer Jr. of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.

This declaratory judgment action concerns insurance coverage for defendants and third-party defendants to an underlying Labor Law action. Plaintiff Adelphi University and the Trustees of Adelphi (collectively Adelphi) hired plaintiff Damon G. Douglas Company (DGDC) as the general contractor for a construction project to build, from the ground up, a three-story building. As relevant here, DGDC retained defendant Pravco, Inc. to act as the structural steel and iron work subcontractor...

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