SWAN USA, INC. v. WESCO INS. CO.

2020-03469. Index No. 710105/18.

217 A.D.3d 987 (2023)

191 N.Y.S.3d 723

2023 NY Slip Op 03493

Swan USA, Inc., et al., Appellants, et al., Plaintiff, v. Wesco Insurance Company, Respondent.

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

Decided June 28, 2023.


Attorney(s) appearing for the Case

Kimm Law Firm, Bayside, NY ( Michael S. Kimm of counsel), for appellants.

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

Iannacci, J.P., Chambers, Maltese and Taylor, JJ., concur.


In an action, inter alia, in effect, for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiffs Swan USA, Inc., Swan U.S.A., Inc., doing business as Sik Gaek II, Sik Gaek II, Chul Ho Park, and Jin Young Chung in an underlying personal injury action entitled Hwayoung Lee v Swan USA, Inc., pending in the Supreme Court, Queens County, under index No. 703218/18, the plaintiffs Swan USA, Inc., Swan U.S.A., Inc., doing business as Sik...

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