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823 SECOND AVENUE, LLC v. UTICA FIRST INSURANCE COMPANY

Index No. 652155/21, Appeal No. 1831, Case No. 2022-04965.

2024 NY Slip Op 01266

823 SECOND AVENUE, LLC, Appellant, v. UTICA FIRST INSURANCE COMPANY, Respondent, P.R. CREPE LTD., Defendant.

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

Decided March 12, 2024.

Attorney(s) appearing for the Case

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

Farber Brocks & Zane, L.L.P., Garden City ( Lester Chanin of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Moulton, Scarpulla, Pitt-Burke, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Suzanne Adams, J.), entered on or about June 16, 2022, which denied plaintiff's motion for partial summary judgment on its claim for a declaration that defendant Utica is obligated to defend it and reimburse it for defense costs incurred in an underlying action, and granted Utica's cross-motion for summary judgment on its counterclaim for a declaratory judgment and dismissing the action as against Utica, unanimously modified, on the...

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