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SCHIFF ASSOC v. FLACK

73 A.D.2d 329 (1980)

Albert J. Schiff Associates, Inc., Respondent, v. Alan B. Flack et al., Appellants

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

March 18, 1980

Attorney(s) appearing for the Case

Roy E. Pomerantz of counsel (Kroll, Killarney, Pomerantz & Cameron, attorneys), for appellants.

Abraham Kaplan of counsel (Otterbourg, Steindler, Houston & Rosen, P. C., attorneys), for respondent.

MURPHY, P. J., and SANDLER, J., concur with SULLIVAN, J.; KUPFERMAN and BIRNS, JJ., dissent in separate opinions.

SULLIVAN, J.

This is an appeal from the grant of partial summary judgment declaring that an insurer is legally obligated to defend its insured in pending litigation.

This action was commenced by Albert J. Schiff Associates, Inc. (Associates), a life insurance agent and employee benefit plan consultant, to seek a declaration that defendants, its insurers, have a duty to defend with respect to an action...

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