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SOHO PLAZA CORP. v. BIRNBAUM

2012-02539, Index No. 30826/10.

108 A.D.3d 518 (2013)

969 N.Y.S.2d 96

2013 NY Slip Op 5058

SOHO PLAZA CORP. et al., Respondents, v. JASON BIRNBAUM et al., Defendants, PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant, and UTICA FIRST INSURANCE COMPANY, Respondent. (Appeal No. 1.) SOHO PLAZA CORP. et al., Appellants, v. JASON BIRNBAUM et al., Defendants, and UTICA FIRST INSURANCE COMPANY, Respondent. (Appeal No. 2.)

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

Decided July 3, 2013.

In an action, inter alia, for a judgment declaring that the defendants Utica First Insurance Company, Progressive Casualty Insurance Company, and Vigilant Insurance Company are obligated to defend and indemnify Soho Plaza Corp. and Dermer Management, Inc., in an underlying personal injury action entitled Nolasco v Soho Plaza Corp., pending in the Supreme Court, Kings County, under index No. 7567/10, the defendant Progressive Casualty Insurance Company appeals, as limited...

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