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WILLARD v. PREFERRED MUT. INS. CO.

242 A.D.2d 960 (1997)

662 N.Y.S.2d 342

Diane Willard, Appellant-Respondent, v. Preferred Mutual Insurance Company, Respondent-Appellant

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

September 30, 1997

Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court erred in denying the cross motion of defendant seeking a declaration that it was not required to defend and indemnify plaintiff in the underlying action. In July 1995 plaintiff was employed as a lieutenant with the Town of Hamburg Police Department and Michael Sauer was employed as a detective. On or about July 26, 1995...

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