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CHAMA HOLDING CORP. v. GENERALI-US BRANCH

22 A.D.3d 443 (2005)

802 N.Y.S.2d 461

CHAMA HOLDING CORP. et al., Respondents, v. GENERALI-US BRANCH, Appellant, et al., Defendants.

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

October 3, 2005.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that, upon searching the record, summary judgment is awarded to the plaintiffs against the appellant, so much of the order dated January 28, 2003, as denied the plaintiffs' motion for summary judgment is vacated, and the matter is remitted to the Supreme Court, Kings County, for entry of a judgment declaring that the appellant is obligated to defend and/or indemnify the plaintiffs...

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