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NEW YORK MAR. & GEN. INS. CO. v. EASTMAN COOKE & ASSOC.

Index No. 152612/14. Appeal No. 14510. Case No. 2020-03837.

198 A.D.3d 601 (2021)

153 N.Y.S.3d 840

2021 NY Slip Op 05928

New York Marine and General Insurance Company, Appellant, v. Eastman Cooke & Associates, Defendant, and Mt. Hawley Insurance Co., Respondent.

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Ann Odelson of counsel), for appellant.

Abrams, Gorelick, Friedman & Jacobson, LLP, New York ( Thomas R. Maeglin of counsel), for respondent.

Concur—Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.

This is an insurance coverage declaratory judgment action relating to an underlying property damage action, in which plaintiff, a commercial tenant, alleges property damage and other injuries due to prolonged construction work in a different commercial unit of the property where the business was located. The plaintiff, in the underlying action, sued the owner of the subject commercial building, which had contracted with defendant Eastman to perform renovations. Eastman obtained...

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