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THOMAS JOHNSON, INC. v. STATE INSURANCE FUND

CA 09-00587

67 A.D.3d 1362 (2009)

887 N.Y.S.2d 902

2009 NY Slip Op 08286

THOMAS JOHNSON, INC., Respondent, v. STATE INSURANCE FUND, Appellant.

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

Decided November 13, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the declaration and granting judgment in favor of defendant as follows:

It is adjudged and declared that defendant is not obligated to pay the costs and fees incurred by plaintiff in the defense of the prior appeal taken by defendant and as modified the judgment is affirmed without costs.

Memorandum: We agree with...

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