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RHODES v. LIBERTY MUTUAL INSURANCE CO.

2009-04911

67 A.D.3d 881 (2009)

892 N.Y.S.2d 403

2009 NY Slip Op 08599

DEVON RHODES et al., Respondents, v. LIBERTY MUTUAL INSURANCE CO., Appellant, et al., Defendants.

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

Decided November 17, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the defendant Liberty Mutual Insurance Co. is obligated to defend the plaintiff Devon Rhodes in the underlying personal injury action in accordance with the terms of the subject homeowner's insurance policy.

Preliminarily, the Supreme Court did not err in considering the plaintiffs' cross...

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