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M & M ELEC v. COMMERCIAL INS.

241 A.D.2d 58 (1998)

670 N.Y.S.2d 909

M & M Electric, Inc., Respondent, v. Commercial Union Insurance Company, Appellant

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

April 6, 1998

Attorney(s) appearing for the Case

Farley, Holohan, Wagner & Doman, Mineola (Mark R. Bernstein of counsel), for appellant.

Morris Ehrlich, P. C., New York City, for respondent.

O'BRIEN, SANTUCCI, FRIEDMANN and GOLDSTEIN, JJ., concur.

BRACKEN, J. P.

The defendant Commercial Union Insurance Company (hereinafter Commercial Union) issued a contract of indemnity against legal liability to the plaintiff, M & M Electric, Inc. (hereinafter M & M). In essence, Commercial Union promised to pay, on behalf of M & M, subject to stated conditions, any amount which M & M might become "legally obligated to pay" to a third party on account...

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