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WESCO INSURANCE COMPANY v. NUNEZ DENTAL SERVICES, P.C.

Index Nos. 155341/21, 595031/22, Appeal No. 1785, Case No. 2023-01733.

2024 NY Slip Op 01163

WESCO INSURANCE COMPANY ET AL., Plaintiffs-Respondents, v. NUNEZ DENTAL SERVICES, P.C., ET AL., Defendants-Appellants. CAMILA DAVALOS ETC., COUNTERCLAIM Plaintiff-Appellant, v. TOWER INSURANCE COMPANY ET AL., Counterclaim Defendants. (And A Third-Party Action.)

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

Decided March 5, 2024.

Attorney(s) appearing for the Case

The Casas Law Firm, P.C., New York ( John V. Golaszewski of counsel), for appellants.

Gunnercooke US LLP, New York ( Max W. Gershweir of counsel), for Wesco Insurance Company and Technology Insurance Company, respondents.

Before: Singh, J.P., Friedman, Rodriguez, Higgitt, Rosado, JJ.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about February 8, 2023, which, to the extent appealed from, denied defendant Camila Davalos' cross-motion for summary judgment on defendants' counterclaims seeking a declaration that plaintiffs were required to defend and indemnify defendant Nunez in the underlying action in federal court, and granted plaintiffs' motion for summary judgment on their second and third causes of action seeking a declaration...

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