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NAVARRO v. PC GROUP, LLC

2011-09254.

100 A.D.3d 722 (2012)

954 N.Y.S.2d 167

ERASMO NAVARRO, Plaintiff, v. PC GROUP, LLC, Defendant, and TRADES CONSTRUCTION SERVICES CORP., Defendant/ Third-Party Plaintiff-Respondent. MT. HAWLEY INSURANCE COMPANY, Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

November 14, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the third-party defendant's motion for summary judgment declaring that it is not obligated to defend and indemnify the defendant third-party plaintiff in the main action is granted, that branch of the defendant third-party plaintiff's cross motion which was for summary judgment declaring that the third-party defendant is so obligated is denied...

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