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WCC BUILDERS, LLC v. STATE FARM FIRE & CAS. CO.

Index No. 652776/20. Appeal No. 14374. Case No. 2021-00736.

198 A.D.3d 502 (2021)

152 N.Y.S.3d 597

2021 NY Slip Op 05657

WCC Builders, LLC, Respondent, v. State Farm Fire and Casualty Company, Defendant, and Endurance American Specialty Insurance Company, Appellant.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Smith Mazure, P.C., New York ( Joel M. Simon of counsel), for appellant.

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

Concur—Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.

In this insurance coverage declaratory judgment action, the court correctly denied Endurance's motion to dismiss the complaint in which plaintiff alleges that as an additional insured on the insurance policy Endurance issued to plaintiff's subcontractor, it is entitled to a defense and indemnification in an underlying negligence action brought against it by Consolidated Edison.

Plaintiff, in a prior quasi-judicial proceeding...

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