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CITY OF NEW YORK v. UTICA MUTUAL INSURANCE COMPANY

35 A.D.3d 197 (2006)

827 N.Y.S.2d 17

CITY OF NEW YORK et al., Appellants, v. UTICA MUTUAL INSURANCE COMPANY, Respondent.

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

Decided December 7, 2006.

Plaintiffs City of New York, New York City Health and Hospitals Corporation, and Bovis Lend Lease LMB, defendants in the underlying personal injury action, together with their insurer, National Union Fire Insurance Company of Pittsburgh, Pa., seek a declaration that defendant insurer must defend and indemnify the personal injury action defendants. Plaintiffs' argument that defendant is collaterally estopped from litigating whether...

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