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GONNERMAN v. STATE OF NEW YORK

48 A.D.3d 517 (2008)

852 N.Y.S.2d 253

SCOTT GONNERMAN, Respondent, v. STATE OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. MERCHANTS INSURANCE GROUP, Third-Party Defendant-Appellant.

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

Decided February 13, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the State of New York which was for summary judgment declaring that the third-party defendant is obligated to defend it in the main claim, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The defendant third-party...

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