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LORICH BUILDING CORP. v. INSURANCE CORPORATION OF NEW YORK

7 A.D.3d 581 (2004)

776 N.Y.S.2d 500

LORICH BUILDING CORP., Respondent, v. INSURANCE CORPORATION OF NEW YORK, Appellant, and NATIONWIDE INSURANCE CO., Respondent.

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

May 10, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant Insurance Corporation of New York is obligated to defend the plaintiff in the underlying personal injury action.

The Supreme Court properly determined that the defendant Insurance Corporation of New York (hereinafter Inscorp) was obligated to defend the plaintiff in the underlying...

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