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ATLANTIC BALLOON & NOVELTY CORP. v. AMERICAN MOTORISTS INSURANCE COMPANY

62 A.D.3d 920 (2009)

880 N.Y.S.2d 112

ATLANTIC BALLOON & NOVELTY CORP. et al., Respondents, v. AMERICAN MOTORISTS INSURANCE COMPANY, Appellant-Respondent, and GEORGE WAGNER ASSOCIATES, Respondent-Appellant, et al., Defendant.

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

May 26, 2009.

Ordered that the order is reversed insofar as appealed and cross-appealed from, on the law, with one bill of costs payable by the plaintiffs to the defendants American Motorists Insurance Company and George Wagner Associates, the motion of the defendant American Motorists Insurance Company for summary judgment dismissing the complaint insofar as asserted against it and that branch of the motion of the defendant George Wagner Associates which was pursuant to CPLR 3211(a)(5...

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