WAYNE COOPERATIVE INSURANCE COMPANY v. WOODWARD


21 A.D.3d 1270 (2005)

802 N.Y.S.2d 293

WAYNE COOPERATIVE INSURANCE COMPANY, Appellant, v. DAVID WOODWARD et al., Respondents. (Appeal No. 1.)

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

September 30, 2005.


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

Memorandum:

Plaintiff appeals from a judgment declaring that it has a duty to defend and indemnify defendant David Woodward in the underlying personal injury action commenced by defendant Thomas J. Cleary against Woodward. On January 30, 2001, Cleary fell from a forklift while he and Woodward were constructing a loft located in a barn on Woodward...

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