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PRIME PROP. & CAS. INS. INC. v. IMPERIO TRANSP. CORP.

30939/19E. Appeal No. 16989. Case No. 2022-01133.

211 A.D.3d 650 (2022)

181 N.Y.S.3d 71

2022 NY Slip Op 07522

Prime Property & Casualty Insurance Inc., Appellant, v. Imperio Transport Corp. et al., Respondents, et al., Defendants.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( David M. Kupfer of counsel), for appellant.

Ross Katz & Pachnanda PLLC, New York ( Alex K. Ross of counsel), for Imperio Transport Corp. and Oscar Rodriguez, respondents.

Mitchell Dranow , Sea Cliff, for Venus Frank, respondent.

The Turkewitz Law Firm, New York ( Eric Turkewitz of counsel), for Wanda Stewart and Wallace Hunter, respondents.

Feldman & Feldman, LLP, Smithtown ( John Reitano of counsel), for Progressive Corporation, respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, Bronx County (Eddie J. McShan, J.), entered January 21, 2022, which granted defendants Progressive Corporation, Imperio Transport Corp., Venus Frank, Wanda Stewart, Wallace Hunter, and Oscar Rodriguez's motions for summary judgment declaring that plaintiff must provide coverage to Imperio for the underlying accident and dismissing the complaint, unanimously affirmed, with costs.

Plaintiff Prime Property & Casualty Insurance Inc. commenced...

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