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HARLEYSVILLE INSURANCE COMPANY v. UNITED FIRE PROTECTION, INC.

Index No. 652621/17, Appeal No. 2289, Case No. 2023-03566.

2024 NY Slip Op 02663

HARLEYSVILLE INSURANCE COMPANY ET AL., Respondents, v. UNITED FIRE PROTECTION, INC., Defendant, EVEREST INDEMNITY INSURANCE COMPANY, Defendant-Appellant.

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

Decided May 14, 2024.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Thomas C. Kaufman of counsel), for appellant.

Barker Patterson Nichols, LLP, Garden City ( Adonaid C. Medina of counsel), for respondents.

Before: Singh, J.P., Moulton, Mendez, Rosado, Michael, JJ.

Order, Supreme Court, New York County (Gerald Lebovitz, J.), entered March 14, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for summary judgment declaring that defendant Everest Indemnity Insurance Company was obligated to indemnify plaintiff Commercial Construction Management, Inc. (CCM) in the underlying action, unanimously reversed, on the law, with costs, and the motion denied.

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