DANNA CONSTRUCTION CORP. v. UTICA FIRST INSURANCE COMPANY


17 A.D.3d 622 (2005)

794 N.Y.S.2d 72

DANNA CONSTRUCTION CORP. et al., Respondents, v. UTICA FIRST INSURANCE COMPANY, Appellant, et al., Defendant.

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

April 25, 2005.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant Utica First Insurance Company is obligated to defend and indemnify Gregory Kirkham in the underlying personal injury action entitled Chumsky v Danna Construction Corp., commenced in the Supreme Court, Kings County under index No. 2963/01.

Pursuant to Insurance Law § 3420 (d), an insurer...

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