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UNITED STATES FIDELITY AND GUARANTY COMPANY v. NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORP.

277 A.D.2d 1026 (2000)

716 N.Y.S.2d 181

UNITED STATES FIDELITY AND GUARANTY COMPANY, Respondent, v. NEW YORK, SUSQUEHANNA AND WESTERN RAILWAY CORP., Appellant.

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

Decided November 13, 2000.

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff commenced this declaratory judgment action seeking reimbursement from defendant for amounts it expended in the defense and indemnification of defendant in the underlying personal injury action. Supreme Court erred in denying defendant's motion seeking the attorney's...

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