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TOWN OF MASSENA v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY

40 A.D.3d 1177 (2007)

834 N.Y.S.2d 736

TOWN OF MASSENA, Plaintiff, v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent. MASSENA MEMORIAL HOSPITAL et al., Third-Party Defendants-Appellants.

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

Decided May 3, 2007.

Lahtinen, J.

The facts in this declaratory judgment action involving insurance coverage are set forth more fully in earlier appeals (281 A.D.2d 107 [2001], mod 98 N.Y.2d 435 [2002] [hereinafter referred to as Massena I and Massena II, respectively]). The underlying action, which is pending in federal court, is explained in decisions from that court (Franzon v Massena Mem...

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