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AMERICAN EMPIRE SURPLUS LINES INS. CO. v. COMMERCE & INDUS. INS. CO.

Index No. 651568/21. Appeal No. 1132. Case No. 2023-02254.

221 A.D.3d 559 (2023)

199 N.Y.S.3d 486

2023 NY Slip Op 06197

American Empire Surplus Lines Insurance Company, Appellant, v. Commerce & Industry Insurance Company et al., Respondents, et al., Defendant.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

L'Abbate, Balkan, Colavita & Contini, LLP, Melville ( John D. McKenna of counsel), for appellant.

Squire Patton Boggs (US) LLP, New York ( Elizabeth F. Ahlstrand of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered April 5, 2023, which, to the extent appealed from as limited by the briefs, granted defendants Commerce & Industry Insurance Company's and National Union Fire Insurance Company of Pittsburgh, PA's motion for summary judgment dismissing the complaint, denied plaintiff's motion for summary judgment, and declared that Commerce and National Union were not required to provide any coverage under the subject...

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