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HERMITAGE INS. CO. v. ATHENA MGT. CORP.

12088N, 106830/10

115 A.D.3d 628 (2014)

983 N.Y.S.2d 218

2014 NY Slip Op 2152

HERMITAGE INSURANCE COMPANY, Respondent, v. ATHENA MANAGEMENT CORP., Defendant, and RICARDO WILSHIRE, Appellant.

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

Decided March 27, 2014.

Order and judgment (one paper), Supreme Court, New York County (Carol R. Edmead, J.), entered December 17, 2012, which, upon reargument, granted the motion of plaintiff Hermitage Insurance Company for a default judgment as against defendant Athena Management Corp. (Athena) and for summary judgment as against defendant Wilshire, and declared that Hermitage had no duty to defend or indemnify Athena in the underlying personal injury action, unanimously affirmed, without costs...

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