WESTERN INS v. JEAN & BENNY'S


69 A.D.2d 260 (1979)

Western World Insurance Company, Inc., Appellant, v. Jean & Benny's Restaurant, Inc., et al., Respondents

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

August 6, 1979


Attorney(s) appearing for the Case

Hirshfeld, Birbrower, Montalbano, Condon & Seidenberg, P. C. (Norman Bard of counsel; Sandra Krevitsky on the brief), for appellant.

McCormack & Damiani (Ronald G. McCormack of counsel). for respondents.

MOLLEN, P. J., DAMIANI, O'CONNOR and RABIN, JJ., concur.


Per Curiam.

In this declaratory judgment action, the plaintiff appeals, as limited by its brief, from so much of a judgment as declared that it is required to defend and indemnify the defendant restaurant against a recovery under the first cause of action in each of two actions commenced against the restaurant by defendants Granese and Lipski. The judgment should be modified, on the law, by (1) declaring that the plaintiff...

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