STELLAR MECHANICAL SERVICES OF N.Y., INC. v. MERCHANTS INS. OF N.H.

2009-02039.

74 A.D.3d 948 (2010)

903 N.Y.S.2d 471

STELLAR MECHANICAL SERVICES OF NEW YORK, INC., et al., Appellants, v. MERCHANTS INSURANCE OF NEW HAMPSHIRE, Respondent, et al., Defendants.

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

Decided June 8, 2010.


Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof denying that branch of the plaintiffs' cross motion which was, in effect, for summary judgment declaring that the defendant Merchants Insurance of New Hampshire is obligated, as the primary insurer, to defend the plaintiff Stellar Mechanical Services of New York, Inc., in the underlying action, and substituting therefor a provision granting that branch of the cross motion which...

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