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R.C. Dolner, Inc. v. My-Way Contracting Corp.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 24, 2009

R.C. DOLNER, INC., PLAINTIFF-RESPONDENT,
v.
MY-WAY CONTRACTING CORP., ET AL., DEFENDANTS, CRUM & FORSTER INSURANCE CO., ET AL., DEFENDANTS-APPELLANTS.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered January 28, 2008, which granted plaintiff's motion for summary judgment against defendants Crum & Forster and U.S. Fire in the amount of $178,205.16, and denied those defendants' cross motion for summary judgment dismissing plaintiff's claim for damages, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Friedman, Sweeny, Renwick, Freedman, JJ.

602672/01

This Court previously affirmed the ruling that Crum & Forster and its subsidiary, U.S. Fire, were obligated, under plaintiff's insurance policy, to provide coverage for damages incurred in connection with the renovation of a hotel (41 AD3d 185). The amount of such damages is irrefutably established by evidence in the record. The award of pre-judgment interest and the determination of the date from which computed were appropriate exercises of the court's discretion (CPLR 5001[a]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090324

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