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COUNTY OF NASSAU v. FLUSHING ULTRASOUND, INC.

1 A.D.3d 557 (2003)

767 N.Y.S.2d 647

COUNTY OF NASSAU, Respondent, v. FLUSHING ULTRASOUND, INC., et al., Appellants.

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

November 24, 2003.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' assertion, the holding in an underlying declaratory judgment action (see Campanelli v Flushing Ultrasound Servs., 287 A.D.2d 428 [2001]) did not collaterally estop the County of Nassau from seeking damages against the defendants for breach of contract for failure to provide a defense and indemnification or to procure liability insurance. The defendants...

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