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LANCER INDEM. CO. v. PEERLESS INS. CO.

2019-05977. Index No. 604605/16.

208 A.D.3d 768 (2022)

172 N.Y.S.3d 643

2022 NY Slip Op 05030

Lancer Indemnity Company, Appellant, v. Peerless Insurance Company, Respondent, et al., Defendants.

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

Decided August 24, 2022.

Attorney(s) appearing for the Case

Kennedys CMK, LLP, New York, NY ( Max W. Gershweir of counsel), for appellant.

Jaffe & Asher, LLP, New York, NY ( Marshall T. Potashner of counsel), for respondent.

Barros, J.P., Chambers, Miller and Zayas, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The plaintiff, Lancer Indemnity Company (hereinafter Lancer), commenced this action against Peerless Insurance Company (hereinafter Peerless), among others, to recover reimbursement for all costs that Lancer spent defending and indemnifying its insured, the defendant TPJ Enterprises, LLC (hereinafter TPJ), as a result of a $500,000 settlement of an underlying negligence action commenced by the defendants Heidi Siciliano...

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