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MASSENA v. HEALTHCARE MUT INS

281 A.D.2d 107 (2001)

724 N.Y.S.2d 107

TOWN OF MASSENA, Respondent, v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

April 26, 2001.

Attorney(s) appearing for the Case

O'Connor, Yoquinto & Ryan, Troy (Thomas J. O'Connor of counsel), for Healthcare Underwriters Mutual Insurance Company, appellant.

James W. Tuffin, Manhasset, for Physician's Reciprocal Insurers, appellant.

Strook, Strook & Lavan, New York City (Curtis C. Mechling of counsel), for Federal Insurance Company and another, appellants.

LeBoeuf, Lamb, Greene & MacRae, Albany (Vincent P. Esposito, Jr., of counsel), for Medical Liability Mutual Insurance Company, appellant.

David L. Welch, Massena, for respondent.

Nixon Peabody L. L. P., Rochester (William S. Brandt of counsel), for Massena Memorial Hospital and others, defendants.

O'Connor, O'Connor, Mayberger & First, Albany (S. David Devaprasad of counsel), for Edward Burke, defendant.

Donahue, Sabo, Varley & Armstrong, Albany (Gerald D. D'Amelia, Jr., of counsel), for Christine Rowe-Button, defendant.

MERCURE, J. P., CREW III, MUGGLIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

ROSE, J.

Plaintiff commenced this action to obtain a judgment declaring that various defendants are obligated to defend and indemnify Massena Memorial Hospital, its governing committees and its staff (hereinafter collectively referred to as the Franzon defendants) in an underlying Federal lawsuit (hereinafter the Franzon action) brought by Olof Franzon, a licenced physician, and his...

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