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TOWN OF AMHERST v. HILGER

38 CA 12-00803.

106 A.D.3d 120 (2013)

962 N.Y.S.2d 837

2013 NY Slip Op 1929

TOWN OF AMHERST et al., Respondents, v. ARTHUR HILGER et al., Appellants, et al., Defendant. (Appeal No. 2.)

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

Decided March 22, 2013.

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle, LLP, Buffalo, and Mauro Lilling Naparty LLP, Woodbury ( Matthew W. Naparty of counsel), for appellants.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, and Demarie & Schoenborn, P.C., Buffalo ( Joseph Demarie of counsel), for respondents.

Michael Jaffe , New York City, for New York State Trial Lawyers Association, amicus curiae.

SMITH, J.P., VALENTINO, WHALEN and MARTOCHE, JJ., concur.

OPINION OF THE COURT

FAHEY, J.

I

This appeal arises from the refusal of Arthur Hilger and Sally Bisher (collectively, defendants), who were officers of nonparty McGonigle and Hill Roofing, Inc. (M&H), to seek insurance coverage from nonparty New York State Insurance Fund (SIF), M&H's insurer, with respect to a judgment plaintiff Town of Amherst (Town) has against M&H (Town judgment). There is no dispute that M&H, which is now dissolved...

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