CITY OF NEW YORK v. CONTINENTAL CAS. CO.


27 A.D.3d 28 (2005)

805 N.Y.S.2d 391

CITY OF NEW YORK, Appellant, v. CONTINENTAL CASUALTY COMPANY, Respondent.

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

December 13, 2005.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Ellen Ravitch, Stephen J. McGrath and Richard J. Costa of counsel), for appellant.

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City (Jody M. Tawfik and Stuart C. Levene of counsel), for respondent.

SULLIVAN, J.P., ELLERIN and NARDELLI, JJ., concur.


OPINION OF THE COURT

SWEENY, J.

In this declaratory judgment action, plaintiff City of New York appeals from a judgment of the Supreme Court, New York County, which denied its motion for summary judgment and granted summary judgment in favor of defendant, Continental Casualty Company, declaring and adjudging that Continental did not owe a duty to defend or indemnify the City in connection with an underlying...

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