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DEETJEN v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY

302 A.D.2d 350 (2003)

754 N.Y.S.2d 366

HANS DEETJEN, Respondent, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, and MARK ALLISON, Respondent.

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

Decided February 3, 2003.

Ordered that the order and judgment is modified, by deleting the provisions thereof granting the plaintiff summary judgment, and declaring that the defendant Nationwide Mutual Fire Insurance Company is obligated to defend and indemnify the defendant Mark Allison in an underlying action entitled Deetjen v Allison, pending in the Supreme Court, Kings County, under Index No. 38189/98, and substituting therefor a provision granting the plaintiff partial summary judgment...

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