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CLARENDON NATIONAL INSURANCE COMPANY v. KURZ OIL COMPANY

8 A.D.3d 423 (2004)

778 N.Y.S.2d 285

CLARENDON NATIONAL INSURANCE COMPANY, as Subrogee of COUNTRY FORD, LTD., Respondent, v. KURZ OIL COMPANY, Appellant, et al., Defendant. (Action No. 1.) MARYLAND CASUALTY COMPANY, Respondent, v. COUNTRY FORD, LTD., Defendant, and KURZ OIL COMPANY, Appellant. (And Two Third-Party Actions.) (Action No. 2.) STATE FARM INSURANCE COMPANY, Plaintiff, v. COUNTRY FORD, LTD., Defendant and Third-Party Plaintiff-Respondent. KURZ OIL COMPANY, Third-Party Defendant-Appellant. (And a Second Third-Party Action.) (Action No. 3.) STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. KURZ OIL COMPANY, Appellant. (And a Third-Party Action.) (Action No. 4.) LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. COUNTRY FORD, LTD., Defendant, and KURZ OIL COMPANY, Appellant. (And a Third-Party Action.) (Action No. 5.)

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

June 14, 2004.

Ordered that the order is affirmed, with costs.

There are issues of fact requiring the denial of summary...

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