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LANCER INSURANCE COMPANY v. UTICA NATIONAL INSURANCE GROUP

281 A.D.2d 461 (2001)

721 N.Y.S.2d 782

LANCER INSURANCE COMPANY, Appellant, v. UTICA NATIONAL INSURANCE GROUP et al., Respondents.

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

Decided March 12, 2001.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action for a judgment declaring that the defendants are obligated to defend and indemnify Peter A. Massie, to whom they allegedly issued an automobile liability policy, in the underlying personal injury action. Contrary to the plaintiff's contention, the Supreme Court providently exercised its discretion in granting the defendants' motion for reargument (see, Perez v Linshar Realty Corp...

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