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TOWER INS. CO. OF N.Y. v. RAY & FRANK LIQ. STORE, INC.

9517, 100677/08.

104 A.D.3d 482 (2013)

960 N.Y.S.2d 310

2013 NY Slip Op 1605

TOWER INSURANCE COMPANY OF NEW YORK, Respondent, v. RAY & FRANK LIQUOR STORE, INC., et al., Appellants.

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

March 14, 2013.

Order and judgment (one paper), Supreme Court, New York County (Jane S. Solomon, J.), entered December 15, 2010, following a nonjury trial, declaring that plaintiff is not obligated to indemnify or defend defendant Ray & Frank Liquor Store, Inc. in the underlying action, unanimously reversed, on the law, with costs, and it is declared that plaintiff is obligated to defend and indemnify Ray & Frank Liquor Store in the underlying action.

While the trial evidence...

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