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ALLCITY INSURANCE COMPANY v. FISCH

32 A.D.3d 407 (2006)

820 N.Y.S.2d 107

ALLCITY INSURANCE COMPANY, Respondent, v. JOSEPH FISCH, Appellant, and EMMANUEL CRESPO, Respondent, et al., Defendant.

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

August 8, 2006.

Ordered that the order is affirmed, without costs or disbursements.

The duty to defend is broader than the duty to indemnify and arises "whenever the allegations in a complaint state a cause of action that gives rise to the reasonable possibility of recovery under the policy" (Town of Massena v Healthcare Underwriters Mut. Ins. Co., 98 N.Y.2d 435, 443 [2002], quoting Fitzpatrick...

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