AETNA CAS. & SUR. CO. v. LONGO PROD., INC.


247 A.D.2d 497 (1998)

669 N.Y.S.2d 336

Aetna Casualty & Surety Company, Respondent, v. Longo Production, Inc., et al., Defendants, and Toys R Us, Inc., Appellant

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

February 17, 1998


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the plaintiff is not obligated to indemnify its insured in the underlying action pending in the State of Georgia.

The appellant insured, Toys R Us, Inc., a defendant in the underlying negligence action, did not obtain the consent of its insurer, the plaintiff Aetna Casualty & Surety Company (hereinafter Aetna...

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