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SPHERE DRAKE INS. CO. v. 72 CTR. AVE. CORP.

238 A.D.2d 574 (1997)

657 N.Y.S.2d 65

Sphere Drake Insurance Company, Appellant, v. 72 Centre Avenue Corp., Doing Business as Downtown Lounge, et al., Respondents

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

April 28, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment declaring that the plaintiff, Sphere Drake Insurance Company, is not under a duty to defend or indemnify 72 Centre Avenue Corp., d/b/a Downtown Lounge, in the underlying action.

On January 30, 1993, Vincent Mirabile sustained injuries while a patron...

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