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VYAIRE HOLDING CO. v. WESTCHESTER SURPLUS LINES INS. CO.

Index No. 652428/20, Appeal No. 1595, Case No. 2022-05619.

2024 NY Slip Op 00825

VYAIRE HOLDING COMPANY ET AL., Plaintiffs-Appellants-Respondents, v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, ET AL., Defendants-Respondents-Appellants, NORTH AMERICAN CAPACITY INSURANCE COMPANY, Defendant-Respondent.

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

Decided February 15, 2024.

Attorney(s) appearing for the Case

Reed Smith LLP, New York ( Bert Wells of counsel), for appellants-respondents.

Cozen O'Connor, New York ( Jonathan Toren of counsel), for Westchester Surplus Lines Insurance Company, respondent-appellant.

Mound Cotton Wollan & Greengrass LLP, New York ( Jeffrey S. Weinstein of counsel), for Allianz Underwriters Insurance Company, respondent-appellant.

Malapero Prisco & Klauber LLP, New York ( Joseph J. Prisco of counsel), for Certain Underwriters at Lloyd's of London, respondent-appellant.

Stewart | Smith, New York ( Joseph F. Bermudez of counsel), for respondent.

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

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered on or about November 22, 2022, which denied plaintiffs' motion for partial summary judgment as to liability for breach of contract and sought product recall insurance coverage under a set of policies issued to plaintiffs for the period of March 7, 2018 to March 7, 2019, and granted defendants' motions for summary judgment in part, to the extent of dismissing plaintiffs' second cause of action seeking liability...

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