GREYSTON FOUNDATION, INC. v. NATIONWIDE INSURANCE CO.


288 A.D.2d 438 (2001)

733 N.Y.S.2d 895

GREYSTON FOUNDATION, INC., et al., Respondents, v. NATIONWIDE INSURANCE CO., Appellant, et al., Defendant.

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

Decided November 26, 2001.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for entry of a judgment declaring that the defendant Nationwide Insurance Co., is obligated to defend and indemnify the plaintiffs in the underlying action.

The letter from Nationwide Insurance Co. (hereinafter Nationwide) to Travelers Insurance Co. dated September 29, 1999, reflected an understanding between the parties that the plaintiffs reserved...

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