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McGINNIS v. MANDRACCHIA

291 A.D.2d 484 (2002)

739 N.Y.S.2d 160

PETER C. McGINNIS, as Guardian ad Litem of RAUL POUPART, JR., an Infant, Appellant, v. JO'ANN MANDRACCHIA et al., Defendants, and ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided February 19, 2002.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the motion is denied, the cross motion is granted, the order dated March 20, 2001, is vacated, and it is declared that the defendant Allstate Insurance Company is obligated to defend Jo'Ann Mandracchia and Raul Poupart, Sr., in the underlying personal injury action, and to pay any resulting judgment up to the limit of its insurance coverage, or...

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