BALBOA INS. CO. v. BERLAND LINCOLN-MERCURY, INC.


81 A.D.2d 626 (1981)

Balboa Insurance Company, Appellant, v. Berland Lincoln-Mercury, Inc., et al., Respondents, et al., Defendants

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

April 20, 1981


Judgment modified, on the law, by deleting the provision thereof which dismissed the complaint and substituting therefor a provision declaring that plaintiff must perform its obligation pursuant to the insurance policy issued January 1, 1976 and defend and pay (within the policy limits) any judgment that may result from the underlying suit brought by Marshall Giangoia against Berland Lincoln-Mercury and the driver of Berland's vehicle. As so modified, judgment affirmed, with...

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