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AMERICAN TRANSIT INSURANCE COMPANY v. BROWN

No. 121, SSM 7.

14 N.Y.3d 809 (2010)

926 N.E.2d 255

899 N.Y.S.2d 751

AMERICAN TRANSIT INSURANCE COMPANY, Appellant, v. ARTHUR BROWN, Respondent, et al., Defendant.

Court of Appeals of New York.

Decided April 1, 2010.

Attorney(s) appearing for the Case

Marjorie E. Bornes , New York City, for appellant.

Blank & Star, PLLC, Brooklyn ( Scott Star and Helene E. Blank of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, defendant Brown's motion for summary judgment denied, plaintiff's motion for summary judgment granted and judgment granted declaring that plaintiff's disclaimer of coverage was proper, that it had no obligation to defend or indemnify its insured in the subject underlying action and that it is not responsible...

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