GMM REALTY, LLC v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

2013-02508

129 A.D.3d 909 (2015)

11 N.Y.S.3d 661

2015 NY Slip Op 05154

GMM REALTY, LLC, Plaintiff, and FAIRFIELD PROPERTIES, Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Respondent.

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

Decided June 17, 2015.


In an action, inter alia, for a judgment declaring that the defendant is obligated to defend and indemnify Fairfield Properties in an underlying action entitled Hollwedel v Hyman, pending in the Supreme Court, Suffolk County, under index No. 20898/03, the plaintiff Fairfield Properties appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated December 4, 2012, which denied its motion for summary judgment declaring that the defendant is obligated...

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