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UTICA MUTUAL INSURANCE COMPANY v. WATERTOWN INDUSTRIAL CENTER LOCAL DEVELOPMENT CORPORATION

9 A.D.3d 836 (2004)

781 N.Y.S.2d 392

UTICA MUTUAL INSURANCE COMPANY, Respondent, v. WATERTOWN INDUSTRIAL CENTER LOCAL DEVELOPMENT CORPORATION, Appellant, et al., Defendant.

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

July 9, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting judgment in favor of plaintiff as follows:

"IT IS ADJUDGED AND DECLARED that plaintiff is not obligated to defend or indemnify defendant Watertown Industrial Center Local Development Corporation in the underlying action commenced by Cellutech, Inc. and as modified the order is affirmed without costs."

Memorandum:

Plaintiff commenced...

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