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PINPOINT BLDRS., INC. v. GOLDEN INS. CO.

Index Nos. 653864/16, 595955/16. Appeal No. 943. Case No. 2022-01002.

220 A.D.3d 629 (2023)

197 N.Y.S.3d 207

2023 NY Slip Op 05482

Pinpoint Builders, Inc., Appellant/Third-Party Defendant-Appellant, v. Golden Insurance Company, Respondent/Third-Party Plaintiff-Respondent, et al., Third-Party Defendant.

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

Decided October 31, 2023.

Attorney(s) appearing for the Case

Delahunt Law PLLC, Buffalo ( Timothy E. Delahunt of counsel), for appellant.

Smith Mazure, P.C., New York ( Joel M. Simon of counsel), for respondent.

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

Order and judgment (one paper) of the Supreme Court, New York County (David Cohen, J.), entered September 8, 2021, which, insofar as appealed from, denied the motion of plaintiff Pinpoint Builders, Inc. for summary judgment on its complaint, and granted the motion of defendant third-party plaintiff Golden Insurance Company for summary judgment seeking a declaration that it has no duty to defend or indemnify Pinpoint as an additional insured under the Golden-issued insurance...

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