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WESCO INS. CO. v. SR DELCO C.S.M. INC.

Index No. 156199/22, Appeal No. 2162, Case No. 2024-00311.

2024 NY Slip Op 02289

WESCO INSURANCE COMPANY, Respondent, v. SR DELCO C.S.M. INC., Appellant, ROBERT NOVOGRATZ, ET AL., Defendants.

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

Decided April 30, 2024.

Attorney(s) appearing for the Case

Abraham, PLLC, New York ( Joshua E. Abraham of counsel), for appellant.

Gunnercooke US LLP, New York ( Max W. Gershweir of counsel), for respondent.

Before: Singh, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered January 9, 2024, which, to the extent appealed from as limited by the briefs, granted plaintiff Wesco Insurance Company's motion for summary judgment declaring that plaintiff has no duty to defend or indemnify defendant SR Delco C.S.M. Inc. (Delco) in an underlying action, unanimously affirmed, without costs.

Supreme Court properly granted plaintiff summary judgment in this case seeking a declaration...

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