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MALDONADO v. KISSM REALTY CORPORATION

18 A.D.3d 627 (2005)

796 N.Y.S.2d 619

WILLIAM MALDONADO, Plaintiff, v. KISSM REALTY CORPORATION, Defendant and Third-Party and Second Third-Party Plaintiff-Respondent, et al., Defendants. HEALTH INSURANCE PLAN OF GREATER NEW YORK, Third-Party and Second Third-Party Defendant; FIREMAN'S FUND INSURANCE COMPANY, Second Third-Party Defendant-Appellant, et al., Second Third-Party Defendant.

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

May 16, 2005.

Ordered that the order is affirmed, with costs, the second third-party action is severed, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that Fireman's Fund Insurance Company is obligated to defend and indemnify Kissm Realty Corporation in the main action.

The plaintiff allegedly was injured when he fell from an I-beam that supported certain heating, ventilation, and air conditioning (hereinafter HVAC) units on...

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