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BASSI v. NEW YORK LADDER CORPORATION

289 A.D.2d 431 (2001)

735 N.Y.S.2d 558

COSIMO BASSI, Plaintiff, v. NEW YORK LADDER CORPORATION, Defendant, and PLANTING FIELDS FOUNDATION, Defendant and Third-Party Plaintiff-Respondent. FIFTY THREE RESTORATIONS, INC., et al., Third-Party Defendants; UNITED STATES UNDERWRITERS INSURANCE COMPANY et al., Third-Party Defendants-Appellants.

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

Decided December 24, 2001.

Ordered that the order is modified by deleting the provision thereof granting that branch of the cross motion of Planting Fields Foundation which was for summary judgment declaring that United States Underwriters Insurance Company is obligated to defend and indemnify it in the main action and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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