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GRE INS. v. GMA ACCESSORIES

180 Misc.2d 927 (1998)

691 N.Y.S.2d 244

GRE Insurance Group, Plaintiff, v. GMA Accessories, Inc., Doing Business as Capelli of New York, Defendant.

Supreme Court, New York County.

October 6, 1998

Attorney(s) appearing for the Case

John P. Bostany, New York City, for defendant. Galvano & Xanthakis, P. C., New York City (Anthony Xanthakis of counsel), for plaintiff.

CAROL E. HUFF, J.

This action is brought by plaintiff for a declaratory judgment that it has no duty to defend or indemnify defendant in another action pending in Federal District Court. Defendant moves, pursuant to CPLR 3212, for partial summary judgment on its first and third counterclaims: (i) declaring that plaintiff has a duty to defend defendant in the Federal action, (ii) finding plaintiff to be in breach...

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