CATARACT SPORTS & ENTERTAINMENT GROUP, LLC v. ESSEX INS. CO.


59 A.D.3d 1083 (2009)

874 N.Y.S.2d 345

CATARACT SPORTS & ENTERTAINMENT GROUP, LLC, et al., Plaintiffs, v. ESSEX INSURANCE COMPANY, Respondent, and FRANK STRANGIO et al., Appellants, et al., Defendant.

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

Decided February 6, 2009.


It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the complaint is reinstated, the motion is denied, the declaration is vacated, the cross motion is granted, and judgment is granted as follows:

It is adjudged and declared that defendant Essex Insurance Company is obligated to defend and indemnify plaintiffs in the underlying personal injury action.

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