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BURLINGTON INSURANCE COMPANY v. UTICA FIRST INSURANCE COMPANY

2008-11510

71 A.D.3d 712 (2010)

896 N.Y.S.2d 433

BURLINGTON INSURANCE COMPANY et al., Respondents, v. UTICA FIRST INSURANCE COMPANY, Appellant.

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

Decided March 9, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment declaring that it is not obligated to defend or indemnify the plaintiff Manlyn Development Corp. in the underlying action is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant is not obligated to defend or indemnify the plaintiff Manlyn Development...

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