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OATES v. STATE OF NEW YORK

157 Misc.2d 618 (1993)

597 N.Y.S.2d 550

Meagan L. Oates, an Infant, by Her Mother and Natural Guardian, Caryn Oates, et al., Claimants, v. State of New York et al., Defendants. (Claim No. 80404.) City University of New York, Third-Party Claimant, v. United States Fidelity and Guaranty Company, Third-Party Defendant.

Court of Claims.

February 24, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael A. Rosas of counsel), for defendants and third-party claimant. Christy & Viener (John F. Cambria and Phillip W. Crawford, Jr., of counsel), for third-party defendant.

GERARD M. WEISBERG, J.

In this third-party declaratory judgment action, third-party claimant, the City University of New York (CUNY), moves for partial summary judgment against third-party defendant United States Fidelity and Guaranty Company (USF&G) declaring that the latter must defend the former with respect to the acts alleged in the underlying claim. USF&G cross-moves for summary judgment dismissing...

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