FISH KING ENTERPRISES v. COUNTRYWIDE INSURANCE COMPANY

2009-11163.

88 A.D.3d 639 (2011)

930 N.Y.S.2d 256

2011 NY Slip Op 6997

FISH KING ENTERPRISES et al., Appellants, v. COUNTRYWIDE INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided October 4, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was for summary judgment declaring that the defendant Countrywide Insurance Company is obligated to defend them as third-party defendants in the underlying action is granted, that branch of the cross motion of the defendant Countrywide Insurance Company which was, in effect, for summary judgment declaring that it is not obligated to defend the plaintiffs...

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