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COLE'S REST., INC. v. NORTH RIVER INS. CO.

85 A.D.2d 894 (1981)

Cole's Restaurant, Inc., Respondent, v. North River Insurance Company et al., Appellants

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

December 11, 1981

Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Defendants, the North River Insurance Company and Crum & Forster Insurance Companies (insurance companies), appeal from an order of the Supreme Court, Erie County denying their motion to dismiss a declaratory judgment action brought by plaintiff Cole's Restaurant, Inc. (Cole's) seeking to compel the insurance companies to defend Cole's in lawsuits commenced by...

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