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BELMER v. NATIONWIDE MUT INS

157 Misc.2d 845 (1993)

599 N.Y.S.2d 427

Edward Belmer, Plaintiff, v. Nationwide Mutual Insurance Company et al., Defendants. Nationwide Mutual Insurance Company, Third-Party Plaintiff, v. Reliance Insurance Company, Third-Party Defendant.

Supreme Court, Kings County.

May 3, 1993

Attorney(s) appearing for the Case

Stuart M. Herz, Garden City, for plaintiff. Smith, Mazure, Director & Wilkins, P. C., New York City, for Nationwide Mutual Insurance Company, defendant and third-party plaintiff. Martin, Fallon & Mulle, Huntington, for Monte Carlo Auto Repair, Inc., defendant. Becker, Achrion & Isserlis, Lynbrook, for Joann Fiorito, defendant, and Reliance Insurance Company, third-party defendant. Burns & Hernandez, New York City, for Angela Rivera, defendant.

HERBERT KRAMER, J.

Plaintiff herein, the defendant driver in the underlying negligence action, seeks a summary declaration (CPLR 3212) adjudging the defendant Nationwide Mutual Insurance Co. (hereinafter Nationwide) liable for defense costs in the underlying action. Third-party defendant, Reliance Insurance Company (hereinafter Reliance), cross-moves for an order granting summary judgment.

Defendant...

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