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FIELDSTON PROP. OWNERS ASSOC., INC. v. HERMITAGE INS. CO., INC.

32603261.

61 A.D.3d 185 (2009)

873 N.Y.S.2d 607

FIELDSTON PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, v. HERMITAGE INSURANCE COMPANY, INC., Appellant, and CHUBB GROUP OF INSURANCE COMPANIES, Respondent. HERMITAGE INSURANCE COMPANY, INC., Appellant-Respondent, v. FIELDSTON PROPERTY OWNERS ASSOCIATION, INC., et al., Defendants, and FEDERAL INSURANCE COMPANY, Respondent-Appellant.

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

Decided February 26, 2009.

Attorney(s) appearing for the Case

Gold, Stewart, Kravatz, Benes & Stone, LLP, Westbury (James F. Stewart and Jeffrey B. Gold of counsel), for appellant/appellant-respondent.

Kaufman Borgeest & Ryan LLP, Valhalla (Jacqueline Mandell of counsel), for respondent/respondent-appellant.

Concur — SAXE, J.P. SWEENY and ACOSTA, JJ.

OPINION OF THE COURT

McGUIRE, J.

This is a consolidated appeal in two declaratory judgment actions involving a dispute between two insurers, Hermitage Insurance Company, Inc. and Federal Insurance Company, over responsibility for the costs of defending their mutual insured, Fieldston Property Owners Association, Inc., and certain of its officers or directors (collectively, the Fieldston parties), in two actions...

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