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AB GREEN GANSEVOORT, LLC, plf-res, v. PETER SCALAMANDRE & SONS, INC. def, LIBERTY MUTUAL INSURANCE COMPANY, def-ap

8437. AB GREEN GANSEVOORT, LLC, plf-res, v. PETER SCALAMANDRE & SONS, INC. def, LIBERTY MUTUAL INSURANCE COMPANY, def-ap — Jaffe & Asher LLP, New York (Marshall T. Potashner of counsel), for ap — Barry, McTiernan & Moore, New York (Laurel A. Wedinger of counsel), for res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 20, 2011, which, to the extent appealed from, denied defendant Liberty's motion for summary judgment dismissing the amended complaint as against it, unanimously modified, on the law, to declare that Liberty has no obligation to defend or provide insurance coverage for plaintiff AB Green Gansevoort, LLC (Green) in the underlying personal injury action, and otherwise affirmed, without costs.

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8437. AB GREEN GANSEVOORT, LLC, plf-res, v. PETER SCALAMANDRE & SONS, INC. def, LIBERTY MUTUAL INSURANCE COMPANY, def-ap — Jaffe & Asher LLP, New York (Marshall T. Potashner of counsel), for ap — Barry, McTiernan & Moore, New York (Laurel A. Wedinger of counsel), for res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 20, 2011, which, to the extent appealed from, denied defendant Liberty’s motion for summary judgment dismissing the amended complaint as against it, unanimously modified, on the law, to declare that Liberty has no obligation to defend or provide insurance coverage for plaintiff AB Green Gansevoort, LLC (Green) in the underlying personal injury action, and otherwise affirmed, without costs.

Plaintiff Green commenced this declaratory judgment action seeking liability coverage from defendant Liberty Mutual Insurance Company as an additional insured. The underlying action was brought by Juan Vargas, who alleges that he suffered bodily injury while working on a construction site owned by Green. Pavarini McGovern, LLC served as general contractor on the construction site. Pavarini then retained as a subcontractor Peter Scalamandre & Sons, Inc. Scalamandre then purchased concrete from Ferrara Brothers Building Materials Corp. pursuant to an unsigned purchase order.

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