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CITY OF NIAGARA FALLS v. MERCHANTS INSURANCE GROUP

34 A.D.3d 1263 (2006)

824 N.Y.S.2d 841

CITY OF NIAGARA FALLS, Respondent, v. MERCHANTS INSURANCE GROUP, Appellant.

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

Decided November 17, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and granting judgment in favor of defendant as follows: "It is ADJUDGED AND DECLARED that, with respect to the period after September 20, 2005, defendant has no duty to defend plaintiff in the underlying action, and that defendant has no duty to indemnify plaintiff in the underlying action" and as modified the order is affirmed without...

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