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TOTTENVILLE COMMONS, LLC v. ALEA NORTH AMERICA INS. CO.

100567/07

2009 NY Slip Op 30611 (U)

TOTTENVILLE COMMONS, LLC and THE TRAVELERS INDEMNITY COMPANY OF AMERICA, Plaintiffs, v. ALEA NORTH AMERICA INSURANCE COMPANY and CLAM BAR RESTAURANT INC., d/b/a DOCK'S CLAM BAR, Defendants.

Supreme Court, New York County.

Motion Date January 7, 2009.

DECISION

CAROL R. EDMEAD, Judge.

BACKGROUND

Plaintiffs, Tottenville Commons, LLC (Tottenville Commons), a shopping center, and The Travelers Indemnity Company of America (Travelers), Tottenville Commons' insurer, move, pursuant to CPLR 3212, for summary judgment declaring that: (1) defendants have a duty to defend and indemnify them in an underlying personal injury action; (2) that defendants have a duty to reimburse plaintiffs for the expenses...

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