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ACC CONSTR. CORP. v. MERCHANTS MUT. INS. CO.

654508/16. Appeal No. 14873. Case No. 2018-5012.

200 A.D.3d 551 (2021)

161 N.Y.S.3d 10

2021 NY Slip Op 07059

ACC Construction Corporation et al., Respondents, v. Merchants Mutual Insurance Company et al., Appellants.

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

Decided December 16, 2021.

Attorney(s) appearing for the Case

Baxter Smith & Shapiro, P.C., White Pains ( Sim R. Shapiro of counsel), for appellants.

Cornell Grace, P.C., New York ( George P. Cornell of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.

The complaint in the underlying action alleged that the plaintiff was injured by a defect or dangerous condition at a construction project at property owned by 370 Seventh Avenue, and that various parties, including defendant Premier Electric, Inc., were responsible for the conditions that caused his accident. Comscore, which leased a portion of the property from 370 Seventh Avenue, had retained plaintiff ACC Construction Corporation as general contractor on the construction...

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