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NATIONAL CONTINENTAL/PROGRESSIVE CLAIMS GROUP v. ALLIED CENTRAL AMBULANCE SERVICE, INC.

5 A.D.3d 745 (2004)

773 N.Y.S.2d 580

NATIONAL CONTINENTAL/PROGRESSIVE CLAIMS GROUP, Respondent, v. ALLIED CENTRAL AMBULANCE SERVICE, INC., Appellant, et al., Defendant.

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

March 29, 2004.

Ordered that the order and judgment is affirmed, with costs.

Contrary to the appellant's contentions, the Supreme Court correctly declared that the plaintiff insurer is not obligated to defend and indemnify it for injuries caused by the alleged negligence of its ambulette attendant, in causing or permitting a wheelchair-bound patient to fall down a flight of stairs inside her home since the accident was not related to the use of the appellant's ambulette (see Elite...

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