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CENTURY INDEM. CO. v. ARCHDIOCESE OF N.Y.

Index No. 652825/23, Appeal No. 2099, Case No. 2023-06616.

2024 NY Slip Op 02139

CENTURY INDEMNITY COMPANY ETC., ET AL., Plaintiffs-Appellants, v. THE ARCHDIOCESE OF NEW YORK ET AL., Defendants-Respondents. ST. FRANCIS XAVIER CHURCH, ET AL., Defendants.

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

Decided April 23, 2024.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York and O'Melveny & Myers LLP, Washington, D.C. ( Jonathan D. Hacker of the District of Columbia, admitted pro hac vice, of counsel), for appellants.

Blank Rome LLP, New York ( James R. Murray of counsel), for respondents.

Before: Oing, J.P., Moulton, Mendez, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Suzanne J. Adams, J.), entered December 15, 2023, which granted the motion of defendants-respondents the Archdiocese of New York and associated insurance policyholders (the ADNY defendants) to dismiss the complaint, unanimously modified, on the law, to reinstate the complaint's first and third causes of action, except the known loss defense stated in the first cause of action, and otherwise affirmed, without costs.

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