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BENDERSON v. TRANSCONTINENTAL

12 Misc.3d 257 (2006)

813 N.Y.S.2d 646

BENDERSON DEVELOPMENT COMPANY, INC., Plaintiff, v. TRANSCONTINENTAL INSURANCE COMPANY, Defendant.

Supreme Court, Erie County.

March 20, 2006.

Attorney(s) appearing for the Case

Kenney, Shelton, Liptak & Nowak, LLP (Judith Treger Shelton and Timothy E. Delahunt of counsel), for plaintiff.

Nixon Peabody, LLP (Susan C. Roney and Laurie Styka Bloom of counsel), for defendant.

OPINION OF THE COURT

JOHN P. LANE, J.

The court has considered the following papers on motions by plaintiff Benderson Development Company, Inc. for orders declaring that defendant Transcontinental Insurance Company must defend and indemnify it in an action entitled Carr v Benderson Dev. Co., Inc. (Erie County Index No. 2000/3369), directing Transcontinental to pay Benderson Development Company's defense...

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