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IACOBELLIS v. A-1 TOOL RENTAL, INC.

2009-00806.

2009 NY Slip Op 06404

AGOSTINO IACOBELLIS, plaintiff, v. A-1 TOOL RENTAL, INC., ET AL., appellants, ET AL., defendants; WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, nonparty-respondent.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Lionel Alan Marks, New York, N.Y., for appellants.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, N.Y. (Judy C. Selmeci and Richard E. Lerner of counsel), nonparty-respondent pro se.

Before: Reinaldo E. Rivera, J.P., Anita R. Florio, Ariel E. Belen, Leonard B. Austin, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion is denied, without prejudice to the commencement of an action by the appellants' insurer, James River Insurance Company, for a judgment declaring that it is not obligated to defend and indemnify the appellants in the instant action.

Wilson Elser Moskowitz Edelman & Dicker, LLP (hereinafter Wilson Elser), was retained by James River Insurance Company (hereinafter...

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