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KINGSTONE INSURANCE COMPANY v. MARION PHARMACY INC.

Index No. 805682/21, Appeal No. 1668-1669, Case Nos. 2023-00955, 2023-02234.

2024 NY Slip Op 00805

KINGSTONE INSURANCE COMPANY AS SUBROGEE OF LOS TRES HERMANOS LAUNDROMAT, INC., Plaintiff-Respondent, v. MARION PHARMACY INC. ET AL., Defendants, MARION AVENUE MANAGEMENT LLC, Defendant-Appellant.

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

Decided February 15, 2024.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for appellant.

The Law Office of Jason Tenenbaum P.C., Melville ( Roman Kravchenko of counsel), for respondent.

Before: Moulton, J.P., Friedman, Gesmer, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered July 22, 2022, which, insofar as appealed from, denied the motion by defendant Marion Avenue Management LLC (Marion) to dismiss the amended complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. Order, same court and justice, entered April 5, 2023, which, insofar as appealable, granted plaintiff's motion to renew its motion to further amend the complaint to add...

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