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FIGUEROA v. UTICA NATIONAL INSURANCE GROUP

16 A.D.3d 616 (2005)

792 N.Y.S.2d 556

GONZALO FIGUEROA et al., Appellants-Respondents, v. UTICA NATIONAL INSURANCE GROUP et al., Respondents, ARIANNA BONETTI, Respondent-Appellant, et al., Defendants.

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

March 28, 2005.

Ordered that the cross appeal is dismissed on the ground that the defendant Arianna Bonetti is not aggrieved by the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendants Utica National Insurance Group and Utica Mutual Insurance Company are not obligated to defend and indemnify the plaintiffs...

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