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PIPO BAR AND RESTAURANT, INC. v. CERTAIN UNDERWRITERS AT LLOYD'S AT LONDON

15 A.D.3d 556 (2005)

792 N.Y.S.2d 82

PIPO BAR AND RESTAURANT, INC., Respondent, v. CERTAIN UNDERWRITERS AT LLOYD'S AT LONDON, Defendant and Third-Party Plaintiff-Appellant. TEOTONIO BRANCO et al., Third-Party Defendants-Respondents.

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

February 22, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for an inquest on the issue of damages in connection with the third-party claim.

The Supreme Court erred in denying the appellant's motion for summary judgment. After the appellant established its prima facie entitlement to judgment as a matter of law, the plaintiff and third...

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