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CT INV., LLC v. CHARTIS INS.

653896/2012.

40 Misc.3d 415 (2013)

964 N.Y.S.2d 882

2013 NY Slip Op 23146

CT INVESTMENT MANAGEMENT Co., LLC, as Special Servicer and Attorney-in-Fact of the Registered Holders of MERRILL LYNCH FLOATING RATE TRUST PASS-THROUGH CERTIFICATES, SERIES 2006-1, and on Behalf of the INSURED U.S. BANK, NATIONAL ASSOCIATION, as Successor to BEAR STEARNS COMMERCIAL MORTGAGE, INC., et al., Plaintiff, v. CHARTIS SPECIALTY INSURANCE COMPANY, Formerly Known as AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Defendant.

Supreme Court, New York County.

Decided May 3, 2013.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel LLP for defendant. Dickstein Shapiro LLP for plaintiff.

OPINION OF THE COURT

SHIRLEY WERNER KORNREICH, J.

Defendant Chartis Specialty Insurance Company moves to dismiss the complaint pursuant to CPLR 3211 (a) (1), (5) and (7). Defendant's motion is granted in part and denied in part for the reasons that follow.

I. Factual Background and Procedural History

As this decision involves a motion to dismiss, the facts recited are taken from the complaint.

Plaintiff, CT Investment...

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