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UNION MUT. FIRE INS. CO. v. CMN PROPS., LLC

2021-03089 Index No. 700566/18.

216 A.D.3d 1049 (2023)

188 N.Y.S.3d 711

2023 NY Slip Op 02706

Union Mutual Fire Insurance Company, Appellant, v. CMN Properties, LLC, Respondent.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo, NY ( Charles J. Englert III , Agnieszka A. Wilewicz , Thomas Casella , and Brian Barnas , of counsel), for appellant.

Thomas Torto , New York, NY, for respondent.

Dillon, J.P., Zayas, Ford and Wan, JJ., concur.

In an action for a judgment declaring that an insurance policy issued by the plaintiff to the defendant is void ab initio and that the plaintiff is not obligated to defend or indemnify the defendant in an underlying action entitled Morales v CMN Props., LLC, pending in the Supreme Court, Queens County, under index No. 713113/17, the plaintiff appeals from an order of the Supreme Court, Queens County (Ulysses B. Leverett, J.), entered February 25, 2021. The order, insofar...

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