YARAR v. CHILDREN'S MUSEUM OF MANHATTAN


4 A.D.3d 420 (2004)

772 N.Y.S.2d 85

KAAN YARAR et al., Plaintiffs, v. CHILDREN'S MUSEUM OF MANHATTAN, Defendant and Third-Party Plaintiff-Respondent. HERMITAGE INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

February 9, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, the third-party complaint is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the third-party defendant is not obligated to defend and indemnify the defendant third-party plaintiff with respect to the plaintiffs' causes of action.

The defendant third-party plaintiff, Children's Museum of...

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