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BRIGGS v. ALLSTATE INSURANCE COMPANY

1 A.D.3d 392 (2003)

767 N.Y.S.2d 119

RONALD BRIGGS et al., Appellants, v. ALLSTATE INSURANCE COMPANY et al., Respondents.

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

November 10, 2003.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment declaring that the defendant Allstate Insurance Company is not obligated to defend and/or indemnify the defendants County Wide Realty Equities, Ltd., and James De Luise in the underlying personal injury action.

The defendant Allstate Insurance Company (hereinafter Allstate) demonstrated prima facie that it was not obligated...

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