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BATT v. STATE

864 CA 13-00398

112 A.D.3d 1285 (2013)

978 N.Y.S.2d 488

2013 NY Slip Op 8676

SUSAN M. BATT, as Administratrix of the Estate of EUGENE L. BATT, JR., Deceased, Respondent, v. STATE OF NEW YORK et al., Defendants and Third-Party Claimants-Respondents. AIG DOMESTIC CLAIMS, INC., et al., Third-Party Defendants-Appellants. (Claim No. 115417.)

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

Decided December 27, 2013.

Appeal from a judgment of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered May 7, 2012. The judgment, among other things, denied the motion of third-party defendants for summary judgment insofar as it sought a declaration that third-party defendant American Home Assurance Co. is not required to defend or indemnify defendants and third-party claimants State of New York or the New York State Thruway Authority under the New York Special Protective Highway policy...

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