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CATLIN INS. CO., INC. v. FALCO CONSTR. CORP.

2021-04738. Index No. 53206/19.

216 A.D.3d 734 (2023)

188 N.Y.S.3d 625

2023 NY Slip Op 02493

Catlin Insurance Company, Inc., as Subrogee of LRC Construction LLC, Appellant, v. Falco Construction Corp., Respondent. (And Third-Party Actions.)

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

Decided May 10, 2023.

Attorney(s) appearing for the Case

Pillinger Miller Tarallo, LLP, Elmsford, NY ( Daniel O. Dietchweiler of counsel), for appellant.

Ryan & Conlon, LLP, New York, NY ( Elizabeth E. Malang and William F. Ryan of counsel), for respondent.

Connolly, J.P., Maltese, Zayas and Taylor, JJ., concur.

In a subrogation action to recover benefits paid by the plaintiff under a policy of insurance and third-party actions for indemnification and contribution, the plaintiff appeals from an order of the Supreme Court, Westchester County (Charles D. Wood, J.), dated May 3, 2021. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was to dismiss the third-party complaint asserted against LRC Construction, LLC, on the ground that the third-party...

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