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NEW YORK STATE THRUWAY AUTHORITY v. KTA-TATOR ENGINEERING SERVICES, P.C.

1257 CA 10-00474.

78 A.D.3d 1566 (2010)

NEW YORK STATE THRUWAY AUTHORITY, Respondent, v. KTA-TATOR ENGINEERING SERVICES, P.C., Respondent/Third-Party Plaintiff-Respondent. LIBERTY INSURANCE CORPORATION, Third-Party Defendant-Appellant. LIBERTY INSURANCE CORPORATION, Second Third-Party Plaintiff-Appellant, v. CONTINENTAL INSURANCE COMPANY, Second Third-Party Defendant-Respondent.

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

Decided November 12, 2010.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Third-party defendant and second third-party plaintiff, Liberty Insurance Corporation (Liberty), contends on appeal that Supreme Court erred in granting that part of the cross motion of second third-party defendant, Continental Insurance Company (Continental), seeking a declaration that Liberty is the sole insurer of the costs of the defense for defendant/third...

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