JMZ USA, INC. v. LUMBERMENS MUTUAL CASUALTY COMPANY


36 A.D.3d 555 (2007)

828 N.Y.S.2d 385

JMZ USA, INC., et al., Appellants, v. LUMBERMENS MUTUAL CASUALTY COMPANY et al., Respondents.

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

Decided January 30, 2007.


Plaintiffs seek a declaration of entitlement to a defense from their insurers in an underlying action brought by the owners of several Vertigo brand clothing franchises for damages allegedly resulting from plaintiffs' sale of the brand to discount retail establishments. The Vertigo franchise owners' complaint, which asserts causes of action for tortious interference with contract, tortious interference with prospective business advantage, and violation of Florida's deceptive...

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