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  5. 78 N.Y.2d 433 (1991)
 

HAWTHORNE v. BRONX CMTY.

78 N.Y.2d 433 (1991)

Clordia Hawthorne et al., Plaintiffs, v. South Bronx Community Corp. et al., Defendants, et al., Third-Party Plaintiff, et al., Second Third-Party Plaintiff, et al., Third-Party Defendant, Second Third-Party Defendant and Fourth-Party Plaintiff. State Insurance Fund, Fourth-Party Defendant-Appellant; Zurich-American Insurance Companies, Fourth-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided November 19, 1991.

Attorney(s) appearing for the Case

Carolyn B. Stevens and Steven H. Kaplan for fourth-party defendant-appellant.

Ignatius John Melito and S. Dwight Stephens for fourth-party defendant-respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.

SIMONS, J.

This appeal involves a dispute between two insurers, both of whom insured a subcontractor held liable to indemnify the owner and general contractor for injuries sustained by one of the subcontractor's employees. One insurer provided coverage for contractual indemnity and the other provided coverage for common-law indemnity. The issue is whether the existence of an insured's contractual duty to indemnify...

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