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CINCINNATI INS. CO. v. ACADIA INS. CO.

684 CA 20-01029.

200 A.D.3d 1566 (2021)

160 N.Y.S.3d 509

2021 NY Slip Op 07351

The Cincinnati Insurance Company, as Subrogee of 60 LBC, LLC, Appellant, v. Acadia Insurance Company, Respondent.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

VAHEY GETZ, LLP, ROCHESTER ( JARED K. COOK OF COUNSEL), FOR PLAINTIFF-APPELLANT.

O'CONNOR FIRST, ALBANY ( KATHLEEN A. BARCLAY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.

Memorandum: Plaintiff, as subrogee of 60 LBC, LLC (60 LBC), commenced this action seeking damages arising from defendant's allegedly improper disclaimer of insurance coverage to 60 LBC as an additional insured on a liability policy issued by defendant to nonparty Red Cedar Arborists & Landscapers, Inc. (Red...

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