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IACOBELLIS v. A-1 TOOL RENTAL, INC.

65 A.D.3d 1015 (2009)

885 N.Y.S.2d 293

AGOSTINO IACOBELLIS, Plaintiff, v. A-1 TOOL RENTAL, INC., et al., Appellants, et al., Defendants. WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, Nonparty Respondent.

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

Decided September 8, 2009.

Ordered that the order is reversed, on the law, with costs, and the motion is denied, without prejudice to the commencement of an action by the appellants' insurer James River Insurance Company for a judgment declaring that it is not obligated to defend and indemnify the appellants in the instant action.

Wilson Elser Moskowitz Edelman & Dicker, LLP (hereinafter Wilson Elser), was retained by James River Insurance Company (hereinafter James River) to defend the...

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