639 BUSHWICK, LLC v. AMERICAN WESTERN HOME INSURANCE COMPANY


57 A.D.3d 648 (2008)

869 N.Y.S.2d 221

639 BUSHWICK, LLC, Respondent, v. AMERICAN WESTERN HOME INSURANCE COMPANY, Appellant, et al., Defendant.

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

December 9, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was for summary judgment declaring that the defendant American Western Home Insurance Company is not obligated to defend and indemnify the plaintiff, 639 Bushwick, LLC, in the underlying action is granted, the action against that defendant is severed, and the matter is remitted to the Supreme Court, Kings County, for the entry of judgment declaring...

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