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ATL INS CO v. TERK TECH CORP

309 A.D.2d 22 (2003)

763 N.Y.S.2d 56

ATLANTIC MUTUAL INSURANCE COMPANY, Respondent, v. TERK TECHNOLOGIES CORP., Appellant. (And a Third-Party Action.)

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

August 14, 2003.

Attorney(s) appearing for the Case

Melissa A. Murphy-Petros of counsel (Edward M. Kay, Amy Rich Paulus and Michelle R. Valencic on the brief; Clausen Miller, P.C., attorneys), for respondent.

Robert M. Sullivan of counsel (David H. Paige and Frederick M. Klein on the brief; Nicoletti Hornig Campise Sweeney & Paige, attorneys), for appellant.

BUCKLEY, P.J., SULLIVAN and FRIEDMAN, JJ., concur. ANDRIAS, J., concurs in result only in a separate opinion.

OPINION OF THE COURT

NARDELLI, J.

The issue presented to us in this appeal is whether plaintiff Atlantic Mutual Insurance Company was obligated to indemnify and/or defend defendant and third-party plaintiff Terk Technologies Corp. in an underlying action involving, inter alia, defendant's violation of the Lanham Trademark Act.

The Parties

Defendant and third-party plaintiff Terk Technologies Corp. (Terk) is a New York corporation...

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