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CITY OF NEW YORK v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON

294 A.D.2d 391 (2002)

742 N.Y.S.2d 330

CITY OF NEW YORK et al., Appellants, v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, Respondent, et al., Defendants.

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

Decided May 13, 2002.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiffs.

The appellants City of New York (hereinafter the City) and Brooklyn Navy Yard Development Corporation (hereinafter Brooklyn Navy Yard) are defendants in an underlying action. Where two or more insureds...

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