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HAMILTON v. CITY OF NEW YORK

256 A.D.2d 382 (1998)

681 N.Y.S.2d 563

DIGBY HAMILTON et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants, and SCHIAVONE CONSTRUCTION CO., INC., et al., Defendants and Third-Party Plaintiffs-Appellants. LESKAY CONSTRUCTION SERVICES, INC., Sued Herein as LESKAY CONSTRUCTION COMPANY, Third-Party Defendant-Respondent; EMPLOYEES INSURANCE OF WAUSAU, a Mutual Company, Third-Party Defendant-Appellant.

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

Decided December 14, 1998.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment in the second third-party action declaring that Employers Insurance of Wausau, a Mutual Company, is obligated to defend and indemnify Leskay Construction Company, the third-party defendant second third-party plaintiff, in the instant action.

The general liability policy issued by the second third-party defendant, Employers Insurance...

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