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KUTSHER'S v. LINCOLN INS.

119 Misc.2d 889 (1983)

Kutsher's Country Club Corp., Plaintiff, v. Lincoln Insurance Co. et al., Defendants.

Supreme Court, Special Term, Sullivan County.

June 20, 1983

Attorney(s) appearing for the Case

Friedlander, Gaines, Cohen, Rosenthal & Rosenberg for plaintiff. Ingber, Lagarenne, Meltzer & Dubois for Lincoln Insurance Co., defendant. Appelbaum, Eisenberg, Bauman & Appelbaum for Rhulen Agency, Inc., defendant.

VINCENT G. BRADLEY, J.

The plaintiff moves pursuant to CPLR 3212 for summary judgment on the first cause of action contained in its first amended complaint. The cause of action in question seeks, inter alia, a declaratory judgment holding the defendant Lincoln Insurance Company (Lincoln) responsible to indemnify the plaintiff for any clean-up cost incurred in connection with an oil spill which initially occurred on the plaintiff's premises. Plaintiff...

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