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GERSHOW RECYCLING CORP. v. TRANSCONTINENTAL INSURANCE COMPANY

22 A.D.3d 460 (2005)

801 N.Y.S.2d 832

GERSHOW RECYCLING CORPORATION, Appellant, v. TRANS-CONTINENTAL INSURANCE COMPANY, Respondent.

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

October 3, 2005.

Ordered that the judgment is modified, by adding thereto a provision declaring that the defendant is not obligated to defend and indemnify the plaintiff in the underlying action entitled Gibbs v. Gershow Recycling Corp., pending in the Supreme Court, Suffolk County, under index No. 11179/01; as so modified, the judgment is affirmed, with costs.

The plaintiff operates an automobile recycling business in Medford. On...

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