GENESEE MANAGEMENT, INC. v. BARRETTE


4 A.D.3d 874 (2004)

771 N.Y.S.2d 778

GENESEE MANAGEMENT, INC., et al., Appellants, v. DEBRA N. BARRETTE et al., Defendants, and FIREMAN'S FUND INSURANCE CO., Respondent.

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

February 11, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking a declaration that Fireman's Fund Insurance Co. (defendant) must defend and indemnify them in the underlying action. Plaintiffs moved for a default judgment upon the failure of defendant to answer the complaint within the extension of time granted to it by plaintiffs' counsel. Supreme Court...

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