MAZZUOCCOLO v. CINELLI


245 A.D.2d 245 (1997)

666 N.Y.S.2d 621

Bianca Mazzuoccolo, Plaintiff, v. Joseph Cinelli et al., Defendants. Full Moon Pizzeria and Restaurant et al., Third-Party Plaintiffs-Appellants-Respondents, v. Empire Insurance Company et al., Third-Party Defendants-Respondents, and Wallberg Company, Inc., et al., Third-Party Defendants-Respondents-Appellants

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

December 30, 1997


In this third-party declaratory judgment action, third-party plaintiff Full Moon Pizzeria and Restaurant and AERGD Enterprises, Ltd. (insured) seeks a declaration that third-party defendant Empire Insurance Company/All City Insurance Co. (insurer) is obligated to defend and indemnify it in relation to plaintiff's underlying personal injury action. The insurer issued a Commercial Property and Commercial General Liability Package Policy in September 1994 to cover the insured...

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