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CITY OF NEW YORK v. CLARENDON NATIONAL INSURANCE COMPANY

309 A.D.2d 779 (2003)

765 N.Y.S.2d 802

CITY OF NEW YORK, Respondent, v. CLARENDON NATIONAL INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided October 14, 2003.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant Clarendon National Insurance Company is obligated to defend, and if necessary, indemnify the plaintiff in the underlying action entitled Public Administrator of Kings County v Ruiz, pending in the Supreme Court, Kings County, under Index No. 11702/01.

The defendant Clarendon National Insurance...

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