HAINES v. NEW YORK MUTUAL UNDERWRITERS


30 A.D.3d 1030 (2006)

815 N.Y.S.2d 858

WILLIAM L. HAINES, JR., et al., Appellants, v. NEW YORK MUTUAL UNDERWRITERS, Respondent. (Appeal No. 2.)

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

June 9, 2006.


It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing the complaint and granting judgment in favor of defendant as follows:

"It is ADJUDGED AND DECLARED that defendant has no duty to defend or indemnify its insured in the underlying action and as modified the amended judgment is affirmed without costs."

Memorandum:

Plaintiffs appeal from an amended...

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