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  5. 58 N.Y.2d 672 (1982)
 

L. B. SMITH, INC. v. BRADLEY & WILLIAMS, INC.

58 N.Y.2d 672 (1982)

L. B. Smith, Inc., Appellant, v. Bradley & Williams, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 18, 1982.

Attorney(s) appearing for the Case

Peter J. Murrett, III, for appellant.

Karl S. Essler for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs, to deny summary judgment to defendant Bradley & Williams, Inc., to grant summary judgment to plaintiff and to remit the case to Supreme Court for entry of a judgment declaring that said defendant is obligated to indemnify plaintiff for any recovery in the underlying action but not to defend the action; as so modified, the order should be affirmed...

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