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CERTAIN UNDERWRITERS AT LLOYD'S LONDON v. COVERT HOLDINGS, LLC

2020-04098. Index No. 509684/19.

218 A.D.3d 729 (2023)

192 N.Y.S.3d 674

2023 NY Slip Op 03903

Certain Underwriters at Lloyd's London, Respondent, v. Covert Holdings, LLC, et al., Appellants, et al., Defendants.

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

Decided July 26, 2023.

Attorney(s) appearing for the Case

Bongiorno, Montiglio, Mitchell & Palmieri, PLLC, Mineola, NY ( William J. Mitchell of counsel), for appellants.

Fleischner Potash, LLP, White Plains, NY ( Alexandra E. Rigney of counsel), for respondent.

Duffy, J.P., Genovesi, Dowling and Taylor, JJ., concur.

In an action, inter alia, for a judgment declaring that the plaintiff is not obligated to defend and indemnify the defendant Covert Holdings, LLC, in an underlying personal injury action entitled Howard v Covert Holding, LLC, commenced in the Supreme Court, Kings County, under index No. 3576/15, the defendants Covert Holdings, LLC, and DB Insurance, Ltd., appeal from an order of the Supreme Court, Kings County (Pamela L. Fisher, J.), dated May 6, 2020. The order, insofar...

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