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NEW YORK STATE THRUWAY AUTH. v. KETCO, INC.

2015-02870. Index No. 8476/06.

195 A.D.3d 630 (2021)

149 N.Y.S.3d 502

2021 NY Slip Op 03462

New York State Thruway Authority, Plaintiff, v. Ketco, Inc., Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. Conrad Geoscience Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York, NY ( Kimberly A. Ricciardi and Yolanda Ayala of counsel), for third-party defendant-appellant.

Napierski, VanDenburgh, Napierski & O'Connor, LLP, Albany, NY ( Thomas J. O'Connor of counsel), for defendant third-party plaintiff-respondent.

Mastro, J.P., Miller, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the motion of the third-party defendant Conrad Geoscience Corp. for summary judgment, in effect, declaring that it is not obligated to defend and indemnify the defendant third-party plaintiff in the main action is granted, and the matter is remitted to the Supreme Court, Orange County, for the entry of a judgment, inter alia, declaring that the third-party defendant Conrad Geoscience Corp. is not obligated to defend...

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