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CHARLES F. EVANS CO., INC. v. ZURICH INS. CO.

95 N.Y.2d 779 (2000)

731 N.E.2d 1109

710 N.Y.S.2d 301

CHARLES F. EVANS COMPANY, INC., Respondent, v. ZURICH INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 2000.

Attorney(s) appearing for the Case

Melito & Adolfsen, P. C., New York City (Ignatius John Melito and Steven I. Lewbel of counsel), for appellant.

Sayles & Evans, Elmira (Paul R. Corradini of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff Charles F. Evans Company, an insured, seeks a declaration that defendant Zurich Insurance Company must defend it in an underlying action.

Damon G. Douglas Company, a general contractor, subcontracted with Evans to do roofing work for a building constructed for BASF Corporation. Douglas sued BASF claiming the remaining amounts due...

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