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MATTER OF SOUTHERN QUEENS PARK ASSN. v. CAPITOL INS. CO.

2012-02387.

107 A.D.3d 1006 (2013)

969 N.Y.S.2d 84

2013 NY Slip Op 4817

In the Matter of SOUTHERN QUEENS PARK ASSOCIATION, Respondent, v. CAPITOL INSURANCE COMPANY, Appellant, et al., Respondents.

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

Decided June 26, 2013.

Ordered that on the Court's own motion, the proceeding is converted to an action, inter alia, for a judgment declaring that Capitol Insurance Company is obligated to defend and indemnify Southern Queens Park Association in an underlying consolidated action entitled Daly v City of New York, pending in the Supreme Court, Queens County, under index No. 23363/09, the notice of petition is deemed to be the summons, the petition...

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