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HOME MUT. INS. CO. v. PRESUTTI

78 A.D.2d 968 (1980)

Home Mutual Insurance Company, Respondent, v. Thomas G. Presutti, Defendant, Travelers Insurance Company, Respondent, and Rose Osipovitch et al., Appellants. (Appeal No. 1.)

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

November 13, 1980

Order unanimously reversed, with costs, motion granted and orders vacated.

Memorandum:

In this action for a declaratory judgment commenced by plaintiff Home Mutual Insurance Company seeking a determination of the extent, if any, to which it or defendant Travelers Insurance Company is obligated to defend a lawyer malpractice claim brought by defendants Osipovitch against defendant Presutti, Special Term granted the drastic remedy of summary judgment in favor...

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