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CASTAGNA v. AIEZZA

265 A.D.2d 364 (1999)

696 N.Y.S.2d 492

JOSEPH CASTAGNA, Respondent, v. SAL AIEZZA et al., Defendants, and COMMERCIAL UNION INSURANCE COMPANY, Appellant. (And a Third-Party Action.)

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

Decided October 12, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

In December 1993 the defendant Commercial Union Insurance Company (hereinafter Commercial Union) issued a liability insurance policy to the defendant Elk Construction (hereinafter Elk). In or about December 1993 the plaintiff Joseph Castagna entered into...

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