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ORTIZ v. FAGE USA CORP.

2012-00469.

105 A.D.3d 720 (2013)

963 N.Y.S.2d 158

2013 NY Slip Op 2229

LUCY ORTIZ et al., Plaintiffs, v. FAGE USA CORP. et al., Defendants. (Action No. 1.) FAGE USA CORP., Respondent, v. UTICA MUTUAL INSURANCE COMPANY, Appellant. (Action No. 2.)

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

Decided April 3, 2013.

In an action to recover damages for personal injuries (action No. 1) and a related action (action No. 2) for a judgment declaring that Utica Mutual Insurance Company is obligated to defend and indemnify Fage USA Corp. in action No. 1, Utica Mutual Insurance Company appeals from an order of the Supreme Court, Queens County (Hart, J.), dated November 17, 2011, which granted the motion of Fage USA Corp. for summary judgment declaring that Utica Mutual Insurance Company is obligated...

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