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JEANNOT v. D & B STEPHENS INS. AGENCY

13 A.D.3d 488 (2004)

785 N.Y.S.2d 350

FARAH JEANNOT et al., Plaintiffs, v. D&B STEPHENS INSURANCE AGENCY et al., Defendants and Third-Party Plaintiffs-Respondents. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Third-Party Defendant-Appellant.

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

December 20, 2004

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, the Supreme Court properly, upon granting the motion of the defendants third-party plaintiffs to dismiss the complaint pursuant to CPLR 3211 (a) (5), and, in effect, upon giving collateral estoppel effect to an order of the Supreme Court, Westchester County, dated July 24, 2001, in effect, determined that the appellant's insurance policy covered the subject...

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