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  5. 36 A.D.2d 896 (1971)
 

MANORDALE ESTATES, INC. v. COMMERCIAL UNION INS. GROUP, NOW EMPLOYERS COMMERCIAL UNION GROUP OF INS. CO.

36 A.D.2d 896 (1971)

Manordale Estates, Inc., Respondent, v. Commercial Union Insurance Group, Now Employers Commercial Union Group of Insurance Co., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 8, 1971

Order unanimously reversed, without costs, defendant's motion granted and complaint dismissed.

Memorandum:

In an action for breach of an insurance contract, the assured has charged defendant with the failure and refusal to defend the plaintiff assured in an action brought for damages allegedly caused by plaintiff's subcontractor during the construction of a house. The operative facts are few and uncomplicated. The damage to the house occurred in 1964, and...

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