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DONALD BRAASCH CONSTR., INC. v. STATE INS. FUND

CA 12-00454.

98 A.D.3d 1302 (2012)

951 N.Y.S.2d 621

2012 NY Slip Op 6470

DONALD BRAASCH CONSTRUCTION, INC., et al., Appellants, v. STATE INSURANCE FUND, Respondent.

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

September 28, 2012.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking a judgment declaring, inter alia, that defendant is "conditionally obligated" to indemnify them in the underlying personal injury lawsuit (see e.g. Puckett v County of Erie [appeal No. 3], 262 A.D.2d 966 [1999]; Puckett v County of Erie [appeal No. 2], 244...

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