LABATE v. LIBERTY MUTUAL FIRE INSURANCE COMPANY


19 A.D.3d 652 (2005)

799 N.Y.S.2d 71

JOSEPH LABATE et al., Respondents, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

June 27, 2005.


Ordered that the appeal from so much of the order as granted that branch of the plaintiffs' motion which was for summary judgment declaring that it was obligated to defend the plaintiffs in the third-party action is dismissed as academic as the third-party action has been discontinued; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the plaintiffs.

"[T]he duty...

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