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GREAT LAKES INS. SE v. AMERICAN S.S. OWNERS MUT. PROTECTION & INDEM. ASSN. INC.

157295/21. Appeal No. 17596. Case No. 2022-05157.

214 A.D.3d 593 (2023)

186 N.Y.S.3d 626

2023 NY Slip Op 01742

Great Lakes Insurance SE, Suing in its Own Right and/or as Subrogee of Pacific Gulf Shipping Co., Respondent, v. American Steamship Owners Mutual Protection and Indemnity Association Inc., Also Known as The American Club et al., Appellants.

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

Decided March 30, 2023.

Attorney(s) appearing for the Case

Brown Gavalas & Fromm LLP, New York ( David H. Fromm of counsel), for American Steamship Owners Mutual Protection and Indemnity Association Inc. and Shipowners Claims Bureau Inc., appellants.

Blank Rome LLP, New York ( William R. Bennett III of counsel), for George Gourdomichalis and Efstathios Gourdomichalis, appellants.

Chalos & Co., P.C., Oyster Bay ( Briton P. Sparkman of counsel), for respondent.

Concur—Renwick, A.P.J., Gesmer, Singh, González, Scarpulla, JJ.

Order, Supreme Court, New York County (Melissa A. Crane, J.), entered on or about November 1, 2022, which, to the extent appealed from as limited by the briefs, denied defendants' motions to dismiss the cause of action for negligence, unanimously modified, on the law, defendants American Club Owners Mutual Protection and Indemnity Association Inc. (The American Club) and Shipowners Claims Bureau, Inc.'s (SCB) motion to dismiss granted on the negligence claim, and otherwise...

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