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SSP SPRINGS, LLC v. FIRST SPECIALITY INS. CORP.

Index No. 652453/20 Appeal No. 17331 Case No. 2021-04060.

213 A.D.3d 517 (2023)

183 N.Y.S.3d 407

2023 NY Slip Op 00834

SSP Springs, LLC, et al., Appellants-Respondents, v. First Speciality Insurance Corporation, Respondent-Appellant.

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

Decided February 14, 2023.

Attorney(s) appearing for the Case

Kim, Cho & Lim, LLC, Flushing ( Power J. Chen of counsel), for appellants-respondents.

Zelle LLP, New York ( Alexander W. Cogbill and Todd Tippett of the bar of the State of Texas, admitted pro hac vice, of counsel), for respondent-appellant.

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

Order, Supreme Court, New York County (Margaret Chan, J), entered October 4, 2021, which granted in part defendant's motion to dismiss pursuant to CPLR 3211(a)(1) and (7), unanimously affirmed, without costs.

"A court may neither make nor vary an insurance contract by extending coverage beyond the fair intent and meaning of the agreement, and the liability of the insurer cannot be enlarged by implication beyond the express terms of the contract" (Moshiko, Inc....

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