BROOK SHOPPING v. LIBERTY


80 A.D.2d 292 (1981)

Brook Shopping Center, Inc., Doing Business as Cross County Shopping Center, Appellant, v. Liberty Mutual Insurance Co. et al., Respondents

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

May 12, 1981


Attorney(s) appearing for the Case

Alvin P. Bluthman of counsel (Nathan Cyperstein, attorney), for appellant.

Douglas A. Boeckmann of counsel (Semel, McLaughlin & Boeckmann, attorneys), for Liberty Mutual Insurance Co., respondent.

KUPFERMAN, J. P., SANDLER, SULLIVAN and MARKEWICH, JJ., concur.


FEIN, J.

In this declaratory judgment action in which plaintiff (Brook) seeks a declaration that defendant Liberty Mutual Insurance Co. (Liberty) is obligated to defend and indemnify Brook in an action commenced against Brook by Wilma Sternberg (Sternberg), plaintiff's motion for summary judgment was denied by order dated March 26, 1980 upon the ground that there were issues of fact. Plaintiff's motion for reargument...

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