RJC REALTY HOLDING CORP. v. REPUBLIC FRANKLIN INSURANCE COMPANY


303 A.D.2d 573 (2003)

756 N.Y.S.2d 631

RJC REALTY HOLDING CORP., Doing Business as PURE MAXIMUS SPA/SALON, Respondent, v. REPUBLIC FRANKLIN INSURANCE COMPANY et al., Appellants, et al., Defendants.

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

Decided March 17, 2003.


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the order is vacated, the motion is denied, the cross motion is granted, and it is declared that the appellants are not obligated to defend and indemnify the plaintiffs; and it is further,

Ordered that one bill of costs is awarded to the appellants.

The appeal from the intermediate order must be dismissed because the right of direct...

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