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PHALEN v. JAMESTOWN MUT. INS. CO.

74 A.D.2d 567 (1980)

Joseph Phalen, Jr., Appellant, v. Jamestown Mutual Insurance Company, Respondent. (And a Third-Party Action.)

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

February 4, 1980

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment modified, on the law, by deleting therefrom the provision dismissing the complaint and substituting therefor a provision declaring that the defendant is under no duty to defend the plaintiff or pay any judgment obtained against the plaintiff. As so modified, judgment affirmed.

Defendant is awarded one bill of $50 costs and disbursements. Under...

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