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TOWN OF SMITHTOWN v. NAT'L UNION FIRE INS. CO.

215 A.D.2d 552 (1995)

627 N.Y.S.2d 944

Town of Smithtown et al., Appellants-Respondents, v. National Union Fire Insurance Company, Respondent-Appellant, et al., Defendant

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

May 15, 1995

Ordered that the cross appeal of the defendant National Union Fire Insurance Company is dismissed, as it is not aggrieved by that portion of the order and judgment cross-appealed from (see, CPLR 5511); and it is further,

Ordered that the order and judgment is affirmed insofar as appealed from, for reasons stated by Justice Oshrin at the Supreme Court; and it is further,

Ordered that the defendant National Union Fire Insurance Company is awarded one...

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