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BASSUK BROS., INC. v. UTICA FIRST INSURANCE COMPANY

1 A.D.3d 470 (2003)

768 N.Y.S.2d 479

BASSUK BROS., INC., Appellant, v. UTICA FIRST INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent. LEGION INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

November 17, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that Utica First Insurance Company is not obligated to defend and indemnify the plaintiff in the underlying action and to reimburse the third-party defendant for indemnity payments made on behalf of the plaintiff.

The defendant third-party plaintiff, Utica First Insurance Company (hereinafter...

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