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GREENGATE FRESH LLP v. HOUSTON CASUALTY COMPANY

Index No. 652256/20. Appeal No. 343-344. Case Nos. 2022-05484, 2022-05547.

216 A.D.3d 593 (2023)

189 N.Y.S.3d 514

2023 NY Slip Op 02846

GreenGate Fresh LLP, Respondent, v. Houston Casualty Company, Appellant.

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

Decided May 30, 2023.

Attorney(s) appearing for the Case

Tressler LLP, New York ( Courtney E. Scott of counsel) and Tucker Ellis, LLP, Cleveland, OH ( Benjamin C. Sasse , of the bar of the State of Ohio, admitted pro hac vice, of counsel), for appellant.

Hoguet Newman Regal & Kenney, LLP, New York ( Bradley J. Nash of counsel), for respondent.

Concur—Kern, J.P., Friedman, Kennedy, Scarpulla, Pitt-Burke, JJ.

Judgment, Supreme Court, New York County (Andrea Masley, J.), entered December 8, 2022, awarding plaintiff damages, and bringing up for review an order, same court and Justice, entered on or about November 3, 2022, which denied defendant's motion for summary judgment seeking a declaration that it has no obligation to indemnify plaintiff and granted plaintiff's motion for summary judgment on its first and third causes of action...

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