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APOLLON CORP. v. BRANDT

172 Misc.2d 888 (1997)

659 N.Y.S.2d 694

Apollon Waterproofing & Restoration Corp., Plaintiff, Third-Party Plaintiff and Second Third-Party Plaintiff, v. Arthur Brandt, Defendant. Povo Construction Corp., Formerly Known as M&L Contractors, Inc., Third-Party Defendant; United States Liability Insurance Co., Second Third-Party Defendant.

Civil Court of the City of New York, New York County.

April 11, 1997

Attorney(s) appearing for the Case

Thurman & Heller, L. L. P., for United States Liability Insurance Co. Upton Cohen & Slamowitz, Joseph W. Conklin and Robin, Rome, Goldfarb, Lloyd for Apollon Waterproofing & Restoration Corp. Messinger Kantor & Flaster for Arthur Brandt.

SHIRLEY WERNER KORNREICH, J.

United States Liability Insurance Co. (U.S. Liability) brings this motion seeking to dismiss the third-party action against it for lack of subject matter jurisdiction. The motion turns on a novel question of law — whether this court has the jurisdiction to issue a declaratory judgment with regard to the obligation of an insurer to defend and indemnify a plaintiff for a counterclaim...

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