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STATE FARM FIRE & CAS. CO. v. S.

138 A.D.2d 589 (1988)

State Farm Fire and Casualty Company, Respondent, v. Irene S., Defendant, and Kenneth A. Polokoff, Appellant

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

March 21, 1988

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the order dated December 22, 1986, is vacated, the cross motion is denied, the motion of appellant Polokoff for summary judgment is granted, it is declared that the plaintiff has a duty to defend the appellant in the underlying action, and the matter is remitted to the Supreme Court for a hearing with regard to the reasonable legal fees due the...

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