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MENLO ENERGY FLA., LLC v. CERTAIN UNDERWRITERS AT LLOYDS LONDON

650271/14. Appeal No. 17326. Case No. 2022-01081.

213 A.D.3d 494 (2023)

183 N.Y.S.3d 95

2023 NY Slip Op 00817

Menlo Energy Florida, LLC, Appellant, v. Certain Underwriters at Lloyds London et al., Respondents.

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

Decided February 14, 2023.

Attorney(s) appearing for the Case

Costigan Law PLLC, New York ( William F. Costigan of counsel), for appellant.

The Chartwell Law Offices, LLP, New York ( Matthew Kraus of counsel), for respondents.

Concur—Acosta, P.J., Webber, Friedman, Kennedy, Higgitt, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about October 28, 2021, which granted the motion of defendants Certain Underwriters at Lloyds London Subscribers Under Policy Number B1134297401 and Great Lakes Reinsurance (UK) PLC (collectively, Underwriters) for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The notice provision in an insurance policy "is a condition precedent to coverage and, absent a valid...

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