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CITY OF NEW YORK v. INSURANCE CORPORATION OF NEW YORK

305 A.D.2d 443 (2003)

758 N.Y.S.2d 817

CITY OF NEW YORK, Respondent, v. INSURANCE CORPORATION OF NEW YORK et al., Defendants, and LIBERTY MUTUAL INSURANCE CO., Appellant.

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

Decided May 12, 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 the defendant Liberty Mutual Insurance Co. is obligated to defend and, if necessary, indemnify the plaintiff in the underlying action.

The plaintiff commenced this action seeking, inter alia, a declaration that the defendant Liberty Mutual Insurance Co. (hereinafter Liberty Mutual) is obligated...

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