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L&B ESTATES, LLC v. ALLSTATE INSURANCE

2009-07512.

71 A.D.3d 834 (2010)

897 N.Y.S.2d 188

L&B ESTATES, LLC, Respondent, v. ALLSTATE INSURANCE, Appellant, et al., Defendant.

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

Decided March 16, 2010.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the cross motion of L&B Estates, LLC, which were for summary judgment on so much of the complaint as sought to recover damages against the defendant Allstate Insurance and declaring that the defendant Allstate Insurance is the primary insurer and, therefore, is obligated to defend and indemnify L&B Estates, LLC, in the underlying action; as so modified, the...

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