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MODERN CONTINENTAL CONSTRUCTION CO., INC. v. GIAROLA

27 A.D.3d 431 (2006)

812 N.Y.S.2d 115

MODERN CONTINENTAL CONSTRUCTION CO., INC., Plaintiff, v. MIGUEL A. GIAROLA et al., Defendants and Third-Party Plaintiffs-Respondents. EVEREADY INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

March 7, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the third-party defendant is not obligated to defend and/or indemnify the defendants in the main action.

On October 6, 2003 a truck owned by the defendant third-party plaintiff Great Sing Building Supply...

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