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1416 CONEY IS. REALTY, LLC v. WESCO INS. CO.

2019-09564. Index No. 502686/19.

217 A.D.3d 807 (2023)

191 N.Y.S.3d 462

2023 NY Slip Op 03320

1416 Coney Island Realty, LLC, et al., Respondents, v. Wesco Insurance Company, Appellant, et al., Respondents.

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

Decided June 21, 2023.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York, NY ( Max W. Gershweir of counsel), for appellant.

Butler, Fitzgerald, Fiveson & McCarthy, A Professional Corporation, New York, NY ( David K. Fiveson of counsel), for plaintiffs-respondents and nominal defendants-respondents.

Duffy, J.P., Maltese, Christopher and Genovesi, JJ., concur.

In an action, inter alia, for a judgment declaring that the defendant is obligated to indemnify the plaintiff 1416 Coney Island Realty, LLC, and to defend and indemnify, as additional insureds, the nominal defendants, in an underlying action entitled Spodek v Meyer, pending in the Supreme Court, Kings County, under index No. 502549/17, the defendant appeals from an order of the Supreme Court, Kings County (Richard J. Montelione, J.), dated June 27, 2019. The order...

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