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MARTINEZ v. OEL REALTY CORP.

11450, 309585/10

113 A.D.3d 418 (2014)

978 N.Y.S.2d 159

2014 NY Slip Op 161

MIGUEL ANGEL CABRERA MARTINEZ, Respondent, v. OEL REALTY CORP., Defendant/Third-Party Plaintiff-Respondent. TOWER INSURANCE COMPANY OF NEW YORK, Third-Party Defendant-Appellant.

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

Decided January 9, 2014.

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered October 11, 2012, which denied third-party defendant Tower Insurance Co.'s motion for summary judgment declaring that it has no duty to defend or indemnify defendant OEL Realty Corp. in an underlying personal injury action, unanimously reversed, on the law, with costs, the motion granted, and it is declared that third-party defendant has no such duty.

Because the complaint's negligence allegations could...

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