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McGOVERN-BARBASH ASSOCIATES, LLC v. EVEREST NATIONAL INSURANCE COMPANY

2010-02473.

79 A.D.3d 981 (2010)

914 N.Y.S.2d 218

McGOVERN-BARBASH ASSOCIATES, LLC, et al., Respondents, v. EVEREST NATIONAL INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided December 21, 2010.

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, denying that branch of the motion of the defendant Everest National Insurance Company which was, in effect, for summary judgment declaring that it is not obligated to defend and indemnify the plaintiffs in the underlying action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed...

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