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EMPIRE INSURANCE CO. v. MIGUEL

11778-111691/11, 11778A

114 A.D.3d 539 (2014)

981 N.Y.S.2d 380

2014 NY Slip Op 1137

EMPIRE INSURANCE COMPANY as Successor in Interest to ALLCITY INSURANCE COMPANY, Respondent, v. ROBERT SAN MIGUEL, Defendant, and THOMAS McHENRY, Appellant.

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

Decided February 18, 2014.

Judgment, Supreme Court, New York County (Saliann Scarpulla, J.), entered June 11, 2013, which granted plaintiff Empire Insurance Company's motion for summary judgment declaring that it had no obligation to defend or indemnify its insured, defendant Robert San Miguel, in the underlying action, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered May 10, 2013, unanimously dismissed, without costs...

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