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BRENNAN v. LIBERTY MUT. FIRE INS. CO.

204 A.D.2d 675 (1994)

612 N.Y.S.2d 237

Julia Brennan, Respondent, v. Liberty Mutual Fire Insurance Company, Appellant, and Donald F. Smith, Respondent

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

May 31, 1994

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is denied, the cross motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment declaring that Liberty Mutual Insurance Company is not obligated to defend and indemnify Donald F. Smith in the underlying negligence action.

The plaintiff has...

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