AMERICAN WESTERN INSURANCE COMPANY, ETC., plf, v. BROOKLYNBACA, LLC, DOING BUSINESS AS THE BROOKLYN STAR, def-res, SCIENTIFIC FIRE PREVENTION COMPANY, ETC. DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FIREMANS FUND INSURANCE COMPANY THIRD-PARTY DEFENDANTS-RESPONDENTS THIRDPARTY def

AMERICAN WESTERN INSURANCE COMPANY, ETC., plf, v. BROOKLYNBACA, LLC, DOING BUSINESS AS THE BROOKLYN STAR, def-res, SCIENTIFIC FIRE PREVENTION COMPANY, ETC. DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FIREMANS FUND INSURANCE COMPANY THIRD-PARTY DEFENDANTS-RESPONDENTS THIRDPARTY def — (ACTION NO. 2)

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AMERICAN WESTERN INSURANCE COMPANY, ETC., plf, v. BROOKLYNBACA, LLC, DOING BUSINESS AS THE BROOKLYN STAR, def-res, SCIENTIFIC FIRE PREVENTION COMPANY, ETC. DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FIREMANS FUND INSURANCE COMPANY THIRD-PARTY DEFENDANTS-RESPONDENTS THIRDPARTY def — (ACTION NO. 2)

(INDEX NOS. 1634/11, 500245/12)In related subrogation actions to recover insurance benefits paid to the plaintiffs’ respective insureds, and related thirdparty actions, Scientific Fire Prevention Company and Allied Fire Control Services, Inc., defendants third-party plaintiffs in Action No. 2, appeal, as limited by their notice of appeal, brief, and letter dated October 5, 2015, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated October 29, 2013, as (a) denied that branch of their motion which was, in effect, for summary judgment declaring that American Insurance Company and the Fireman’s Fund Insurance Company, third-party defendants in Action No. 2, were required to defend and indemnify Scientific Fire Prevention Company, a third-party plaintiff in Action No. 2, in that action, and (b) granted that branch of the cross motion of Brooklynbaca, LLC, doing business as the The Brooklyn Star, a defendant in Action No. 2, which was pursuant to CPLR 3211(a) to dismiss the cross claims of Scientific Fire Prevention Company, defendant third-party plaintiff in Action No. 2, which sought indemnification and alleged breach of a contract to procure insurance.

AMERICAN WESTERN INSURANCE COMPANY, ETC., plf, v. BROOKLYNBACA, LLC, DOING BUSINESS AS THE BROOKLYN STAR, def-res, SCIENTIFIC FIRE PREVENTION COMPANY, ETC. DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FIREMANS FUND INSURANCE COMPANY THIRD-PARTY DEFENDANTS-RESPONDENTS THIRDPARTY def

AMERICAN WESTERN INSURANCE COMPANY, ETC., plf, v. BROOKLYNBACA, LLC, DOING BUSINESS AS THE BROOKLYN STAR, def-res, SCIENTIFIC FIRE PREVENTION COMPANY, ETC. DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FIREMANS FUND INSURANCE COMPANY THIRD-PARTY DEFENDANTS-RESPONDENTS THIRDPARTY def — (ACTION NO. 2)

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