ITRI BRICK & CONCRETE CORP. v. AETNA CAS. & SUR. CO.


228 A.D.2d 165 (1996)

643 N.Y.S.2d 544

ITRI Brick & Concrete Corp. et al., Appellants, v. Aetna Casualty & Surety Company, Respondent, et al., Defendants

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

June 4, 1996


The IAS Court properly adhered to its prior determination dismissing the complaint, wherein plaintiffs sought a declaration that defendant Aetna was obligated to share with plaintiff State Insurance Fund in the defense, indemnification and/or settlement costs in an underlying action in which an employee of Aetna's insured sought to recover damages for personal injuries. By virtue of the provisions of General Obligations Law § 5-322.1, as amended by the Legislature in...

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