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MAGISTRO v. BUTTERED BAGEL, INC.

2010-00570.

79 A.D.3d 822 (2010)

914 N.Y.S.2d 192

DYLEN MAGISTRO et al., Plaintiffs, v. BUTTERED BAGEL, INC., Defendant/Third-Party Plaintiff-Respondent. SENECA INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

Decided December 14, 2010.

Ordered that the order is reversed, on the law, with costs, the motion of Buttered Bagel, Inc., for summary judgment on the third-party complaint for a declaratory judgment in its favor is denied, the cross motion of Seneca Insurance Company for a declaratory judgment in its favor is granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment declaring that Seneca Insurance Company is not obligated to defend or indemnify Buttered Bagel...

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