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ALLSTATE INSURANCE COMPANY v. UNITED INTERNATIONAL INSURANCE COMPANY

16 A.D.3d 605 (2005)

792 N.Y.S.2d 549

ALLSTATE INSURANCE COMPANY et al., Respondents, v. UNITED INTERNATIONAL INSURANCE COMPANY, Appellant.

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

March 28, 2005.

Ordered that the notice of appeal from the decision dated October 16, 2003, is deemed a premature notice of appeal from the judgment entered November 21, 2003 (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, and it is declared that the defendant's disclaimer of coverage is valid and the defendant is not obligated to indemnify Lay-Up Enterprises, Inc., doing business as Sand Bar, in the underlying action...

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