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VALENTIN v. MANN & JUST, LLP

2009-06817.

75 A.D.3d 638 (2010)

904 N.Y.S.2d 676

NYDIA VALENTIN, Plaintiff, v. MANN & JUST, LLP, et al., Defendants/Third-Party Plaintiffs-Appellants. PHILADELPHIA INSURANCE COMPANIES, Third-Party Defendant-Respondent.

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

Decided July 27, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs, the third-party action is severed, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the third-party defendant Philadelphia Insurance Companies is not obligated to defend and indemnify the defendants/third-party plaintiffs in the main action.

The defendants/third-party plaintiffs (hereinafter the appellants),

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