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N. KRUGER, INC. v. CNA INS. CO.

242 A.D.2d 566 (1997)

662 N.Y.S.2d 529

N. Kruger, Inc., et al., Respondents, v. CNA Insurance Company, Defendant, and Valley Forge Insurance Company, Appellant

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

September 15, 1997

Ordered that the order is modified, on the law, with costs, by (1) deleting the provision thereof which granted the plaintiffs' motion for summary judgment and substituting therefore a provision denying that motion, and (2) adding a provision thereto granting the plaintiffs and the defendant, Valley Forge Insurance Company, leave to renew their respective motion and cross motion upon the entry of judgment in the underlying action.

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