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GUARANTEE INS. CO. v. CITY OF LONG BEACH

106 A.D.2d 428 (1984)

Guarantee Insurance Company, Respondent, v. City of Long Beach, Appellant

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

December 10, 1984

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248).

Judgment affirmed.

Plaintiff is awarded one bill of costs.

Pursuant to the subject insurance policy the defendant insured was obligated to pay the first $10,000 of any settlement or judgment in favor of a third party. Plaintiff insurance company settled a third-party claim for $7,000 and thereafter commenced this action to recover that...

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