COMM'RS OF THE STATE INS. FUND v. HERMITAGE INS. CO.


225 A.D.2d 649 (1996)

640 N.Y.S.2d 137

Commissioners of the State Insurance Fund et al., Appellants, v. Hermitage Insurance Company et al., Respondents

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

March 18, 1996


Ordered that the order is modified by (1) deleting the provision thereof which denied those branches of the plaintiffs' motion which were for summary judgment declaring that the plaintiffs have no duty to defend or indemnify the defendant Frank Tricarico Contractors, Inc., or to continue to pay the legal fees of Farley, Holohan, Wagner & Doman in the underlying action and substituting therefor a provision granting those branches of the motion, and (2) deleting the provisions...

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