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BRIAN FAY CONSTRUCTION, INC. v. MORSTAN GENERAL AGENCY, INC.

2011-01161

90 A.D.3d 796 (2011)

934 N.Y.S.2d 497

2011 NY Slip Op 9254

BRIAN FAY CONSTRUCTION, INC., Respondent, v. MORSTAN GENERAL AGENCY, INC., Defendant, and DFW ASSOCIATES, INC., et al., Appellants.

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

Decided December 20, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was, in effect, for summary judgment declaring that the defendants DFW Associates, Inc., and Douglass Fenning, doing business as All Financial Services, are obligated to defend and indemnify it in the underlying action is denied.

The plaintiff, Brian Fay Construction, Inc., entered into a contract with J.P. Spano and Company (hereinafter...

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