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PRINCIPATO v. NATIONAL GRANGE MUTUAL INSURANCE CO.

307 A.D.2d 918 (2003)

762 N.Y.S.2d 884

CHRISTOPHER PRINCIPATO, Appellant-Respondent, v. NATIONAL GRANGE MUTUAL INSURANCE CO., Respondent-Appellant, and CROCITTO BROTHERS DELICATESSEN, Respondent.

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

Decided August 4, 2003.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment declaring that National Grange Mutual Insurance Co. is obligated to defend Crocitto Brothers Delicatessen and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the...

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