NEW YORK & PRESBYTERIAN HOSPITAL v. PROGRESSIVE CASUALTY INSURANCE COMPANY


5 A.D.3d 568 (2004)

774 N.Y.S.2d 72

NEW YORK & PRESBYTERIAN HOSPITAL et al., Respondents, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant.

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

March 15, 2004.


Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is reversed, on the law, without costs or disbursements, those branches of the plaintiffs' motion which were for summary judgment on their first, second, and fifth causes of action are denied, those branches of the defendant's cross motion which were for summary judgment dismissing the first and fifth causes of action are granted, and the...

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