NICK'S BRICK OVEN PIZZA, INC. v. EXCELSIOR INSURANCE COMPANY


61 A.D.3d 655 (2009)

877 N.Y.S.2d 359

NICK'S BRICK OVEN PIZZA, INC., Respondent, v. EXCELSIOR INSURANCE COMPANY et al., Appellants. GIULIANA MENDOLA, Intervenor-Respondent.

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

Decided April 7, 2009.


Ordered that the order dated March 20, 2008 is affirmed insofar as appealed from, with one bill of costs, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of a judgment declaring that the defendants are obligated to defend and indemnify the plaintiff, Nick's Brick Oven Pizza, Inc., in the underlying action.

Giuliana Mendola allegedly sustained personal injuries when her vehicle was struck in the rear by a vehicle operated by Travis Schmidt...

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