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COLE'S REST v. NORTH RIV INS

105 Misc.2d 754 (1980)

Cole's Restaurant, Inc., Plaintiff, v. North River Insurance Company et al., Defendants.

Supreme Court, Erie County.

November 6, 1980.

Attorney(s) appearing for the Case

Cox, Barrell, Walsh, Roberts & Grace for defendants. Krieger & Graffeo for plaintiff.

SAMUEL L. GREEN, J.

Defendant North River moves pursuant to CPLR 3211 (subd [a], par 1) to dismiss this declaratory judgment action on the ground that they are not obligated to defend Coles in two underlying actions commenced against plaintiff's tavern.

Defendant Crum & Forster moves to dismiss on the ground that it is a holding company for a group of insurance companies including North River and does not write any insurance contracts and...

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