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TIGUE v. COMMERCIAL LIFE INS. CO.

219 A.D.2d 820 (1995)

631 N.Y.S.2d 974

John E. Tigue, Appellant, v. Commercial Life Insurance Company et al., Respondents

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

September 29, 1995

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment. The court erred, however, in granting defendants' cross motion in its entirety and in dismissing the complaint in this declaratory judgment action rather than declaring the rights of the parties (see, Shields...

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