RESCOTT v. AMERICAN CASUALTY COMPANY


8 A.D.3d 1095 (2004)

778 N.Y.S.2d 633

KENNETH D. RESCOTT, P.T., et al., Individually and Doing Business as C.O.A.S.T., Also Known as CAYUGA ORTHOPEDIC AND SPORTS THERAPY, Respondents, v. AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, Appellant.

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

June 14, 2004.


It is hereby ordered that the judgment insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and judgment is granted in favor of defendant as follows: "It is ADJUDGED AND DECLARED that defendant has no duty to defend or indemnify plaintiff David A. McCune, individually and doing business as C.O.A.S.T., also known as Cayuga Orthopedic and Sports Therapy, a partnership, in the underlying action commenced by Maryann E. Defendorf against...

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