Appellate Division of the Supreme Court of the State of New York, Fourth Department.
Judgment unanimously reversed on the law without costs, motion denied, cross motion granted and judgment granted in accordance with the following Memorandum: Third-party plaintiff, Larry Johnston, d/b/a Larry Johnston Contracting, commenced this third-party action seeking a declaration that third-party defendant, The Travelers Insurance Company (Travelers), is obligated to defend and indemnify him in the underlying breach of contract action commenced by plaintiff, Scott E...
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