HALMAR BUILDERS OF NEW YORK, INC. v. TEAM STAR CONTRACTORS, INC.


13 A.D.3d 581 (2004)

788 N.Y.S.2d 400

HALMAR BUILDERS OF NEW YORK, INC., et al., Respondents, v. TEAM STAR CONTRACTORS, INC., et al., Defendants, and ALL CITY INSURANCE COMPANY, Appellant.

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

December 27, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendant All City Insurance Company which was for summary judgment is granted and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment, inter alia, declaring that the defendant All City Insurance Company does not have a duty to defend and indemnify the plaintiffs in the underlying action.

The defendant All City Insurance...

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