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WORLDWIDE INS v. U.S. CAPITAL

181 Misc.2d 480 (1999)

693 N.Y.S.2d 901

WORLDWIDE INSURANCE COMPANY, Plaintiff, v. U.S. CAPITAL INSURANCE COMPANY et al., Defendants.

Supreme Court, New York County.

June 28, 1999.

Attorney(s) appearing for the Case

Stuart Herz, Garden City, for plaintiff.

Joseph Termini, New York City, for U.S. Capital Insurance Company, defendant.

Christopher Jeffries, Melville, for ELRAC, Inc., defendant.

OPINION OF THE COURT

FRANKLIN R. WEISSBERG, J.

This is a declaratory judgment action seeking to clarify indemnification issues which have arisen in a separate proceeding brought in Supreme Court, Queens County (Davide v ELRAC, Inc., Sup Ct, Queens County, index No. 10045/96). The plaintiff Worldwide Insurance Company has moved for summary judgment in its favor. The defendants U.S. Capital Insurance and ELRAC, Inc. have each cross-moved for summary...

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