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MOSHIKO v. SEIGER & SMITH

137 A.D.2d 170 (1988)

Moshiko, Inc., et al., Respondents-Appellants, v. Seiger & Smith, Inc., et al., Respondents, and Insurance Company of the State of Pennsylvania, Appellant-Respondent

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

May 19, 1988

Attorney(s) appearing for the Case

Michael J. Carcich of counsel (Kenneth P. Fremont, Alvin P. Bluthman and Alan J. Brill with him on the brief; Kroll & Tract, attorneys), for respondents-appellants.

Arthur N. Brook of counsel (Jeffrey S. Weinstein with him on the brief; Mount, Cotton & Wollan, attorneys), for appellant-respondent.

ROSS and ASCH, JJ., concur with SULLIVAN, J.; KUPFERMAN, J. P., and MILONAS, J., dissent in part in an opinion by KUPFERMAN, J. P.

SULLIVAN, J.

The Insurance Company of the State of Pennsylvania (Pennsylvania) appeals from an order which, inter alia, granted summary judgment to Varda, Inc., its insured, as to liability only, and dismissed the action against Varda's broker, Seiger & Smith, Inc. and its president, Steven A. Vasaka. The court's ruling, based on a finding of ambiguity, effectively rewrote Pennsylvania's policy to...

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