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HERMITAGE INSURANCE COMPANY v. TRANCE NITE CLUB, INC.

40 A.D.3d 1032 (2007)

834 N.Y.S.2d 870

HERMITAGE INSURANCE COMPANY, Appellant, v. TRANCE NITE CLUB, INC., Doing Business as IMAGE BAR & LOUNGE, Respondent, et al., Defendant.

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

Decided May 29, 2007.

Ordered that the order and judgment is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, and it is declared that the plaintiff is not obligated to defend and indemnify the defendant Trance Nite Club, Inc., doing business as Image Bar & Lounge, in the underlying action entitled Hilton v Kelly, pending in the Supreme Court, Nassau County, under index No. 4791/05.

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