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MADISON SQ. GARDEN SPORTS CORP. v. FACTORY MUT. INS. CO.

Index No. 651521/21. Appeal No. 17281. Case No. 2022-02068.

213 A.D.3d 459 (2023)

181 N.Y.S.3d 887

2023 NY Slip Op 00732

Madison Square Garden Sports Corp. et al., Appellants, v. Factory Mutual Insurance Company et al., Respondents.

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

Decided February 9, 2023.

Attorney(s) appearing for the Case

Pasich LLP, New York ( Kirk Pasich of the bar of the State of California, admitted pro hac vice, of counsel), for appellants.

Winston & Strawn LLP, New York ( Harvey Kurzweil of counsel), for Factory Mutual Insurance Company, respondent.

Dentons US LLP, New York ( Sandra D. Hauser of counsel), for AIG Specialty Insurance Company, respondent.

DLA Piper LLP (US), New York ( Michael D. Hynes of counsel), for Allianz GlobalCorporate and Specialty SE, respondent.

Mound Cotton Wollan & Greengrass LLP, New York ( Wayne R. Glaubinger of counsel), for Assicurazioni Generali SPA (UK Branch), respondent.

Concur—Kern, J.P., Singh, Shulman, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered January 7, 2022, which granted defendants' motion pursuant to CPLR 3211(a)(1) and (7) for partial dismissal of the complaint except as to the claims for coverage under the policies' communicable disease and claims preparation costs provisions, unanimously affirmed, with costs.

The court correctly granted defendants' motion for partial dismissal of the complaint...

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