TEX DEVELOPMENT CO., LLC v. GREENWICH INSURANCE COMPANY


51 A.D.3d 775 (2008)

858 N.Y.S.2d 682

TEX DEVELOPMENT CO., LLC, Appellant-Respondent, v. GREENWICH INSURANCE COMPANY, Respondent, STERN AGENCY, INC., et al., Respondents-Appellants, and ABDELLATIF BENHALIMA et al., as Administrators of the Estate of ABDELAAZIZ BADAOUI, Deceased, Appellants-Respondents.

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

Decided May 13, 2008.


Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying the plaintiff's cross motion for summary judgment on its first and second causes of action declaring that the defendant Greenwich Insurance Company is obligated to defend and indemnify it in the underlying action, and substituting therefor a provision granting the cross motion, (2) deleting the provision thereof denying the motion of the defendants Abdellatif Benhalima and Mustapha...

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