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KAESS v. STATE

118652.

35 Misc.3d 724 (2011)

943 N.Y.S.2d 717

2011 NY Slip Op 21481

NICHOLAS M. KAESS, Claimant, v. STATE OF NEW YORK, Defendant. and Third-Party Claimant. ARCH INSURANCE COMPANY, Third-Party Defendant.

Court of Appeals of New York.

Decided December 28, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General ( John L. Belford, IV , of counsel), for defendant and third-party claimant. D'Amato & Lynch, LLP ( Kevin J. Windels of counsel), for third-party defendant.

OPINION OF THE COURT

GINA M. LOPEZ-SUMMA, J.

Third-party claimant, the State of New York, has brought this motion pursuant to CPLR 3001 seeking an order granting a declaratory judgment which would require third-party defendant, Arch Insurance (Arch), to defend and indemnify the State in the underlying action. Arch has initiated a cross motion pursuant to CPLR 3212 seeking an order granting it summary judgment and dismissing the third-party claim.

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