MID-HUDSON CASTLE, LTD. v. P.J. EXTERIORS, INC.


292 A.D.2d 355 (2002)

738 N.Y.S.2d 96

MID-HUDSON CASTLE, LTD., Plaintiff, v. P.J. EXTERIORS, INC., Defendant and Third-Party Plaintiff-Respondent. CHARTER OAK FIRE INSURANCE COMPANY, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided March 4, 2002.


Ordered that the order is reversed, on the law, with costs, the renewed motion is granted, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of a judgment declaring that the third-party defendant Charter Oak Fire Insurance Company is not obligated to defend or indemnify the defendant third-party plaintiff in the main action.

In March 1992 the defendant third-party plaintiff, P.J. Exteriors, Inc. (hereinafter P.J.), repaired and replaced...

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