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ERIE INS. CO. v. NICK RADTKE, INC.

2013-03493

126 A.D.3d 757 (2015)

5 N.Y.S.3d 300

2015 NY Slip Op 01922

ERIE INSURANCE COMPANY, Respondent, v. NICK RADTKE, INCORPORATED, et al., Defendants, and MICHAEL VELA, Defendant/Third-Party Plaintiff-Appellant. ESSEX INSURANCE COMPANY, INC., et al., Third-Party Defendants-Respondents.

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

Decided March 11, 2015.

In an action, inter alia, for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant Nick Radtke, Incorporated, in an underlying action entitled Vela v S.E. Home Bldrs., Inc., pending in the Supreme Court, Orange County, under index No. 3932/11, and a third-party action for a judgment declaring that the third-party defendants are obligated to indemnify the defendants S.E. Home Builders, Inc., and Joseph Radtke in the same underlying...

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