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BAY PLAZA MALL, LLC v. ARGONAUT INSURANCE COMPANY

Index Nos. 161470/15, 595125/17, Appeal No. 1645, Case No. 2022-04684.

2024 NY Slip Op 00734

BAY PLAZA MALL, LLC, ET AL., Plaintiffs-Respondents-Appellants, THE WHITING TURNER CONTRACTING COMPANY, Plaintiff, v. ARGONAUT INSURANCE COMPANY, ET AL., Defendants-Appellants-Respondents. FAIRMONT INSURANCE BROKERS, LTD. Defendant-Respondent, B&G ELECTRICAL CONTRACTORS OF NEW YORK, INC., ET AL., Defendants. (And A Third-Party Action.)

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

Decided February 13, 2024.

Attorney(s) appearing for the Case

Melito & Adolfsen P.C., New York ( Michael F. Panayotou of counsel), for appellants-respondents.

Campolo, Middleton & McCormick, LLP, Ronkonkoma ( David H. Green of counsel), for respondents-appellants.

Kinney Lisovicz Reilly & Wolff PC, New York ( Gerald William DeLaney of counsel), for respondent.

Before: Webber, J.P., Singh, Kennedy, Scarpulla, Rosado, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered September 12, 2022, which denied defendants Argonaut Insurance Company and Colony Specialty Insurance Company's (collectively the Argo defendants) motion for summary judgment declaring that they owe no duty to defend or indemnify any party in two underlying personal injury actions, and denied plaintiffs Bay Plaza Mall, LLC, Prestige Properties & Development Co. Inc., and Mall 1-Bay Plaza, LLC's (collectively...

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