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PINON v. 99 LYNN AVE., LLC

2012-07891, 2014-00549, Index No. 23798/08.

124 A.D.3d 746 (2015)

MIGUEL PINON et al., Plaintiffs, v. 99 LYNN AVENUE, LLC, et al., Defendants/Second Third-Party Plaintiffs-Respondents, and GEORGE E. VICKERS, JR., ENTERPRISES, INC., Defendant/ Third-Party Plaintiff-Respondent, et al., Defendants. MERCHANTS MUTUAL INSURANCE COMPANY, Third-Party Defendant/ Second Third-Party Defendant-Appellant; LEXINGTON INSURANCE COMPANY, Second Third-Party Defendant-Respondent.

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

Decided January 21, 2015.

Ordered that the order dated April 2, 2012, is affirmed insofar as appealed from; and it is further,

Ordered that the money judgment is affirmed; and it is further,

Ordered that the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that Merchants Mutual Insurance Company is obligated to defend the defendant/third-party plaintiff George E. Vickers, Jr., Enterprises, Inc., and the defendants second third-party plaintiffs...

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