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76-01 37TH AVE. REALTY CORP. v. DONGBU INSURANCE CO., LTD.

2647, 161256/13.

146 A.D.3d 448 (2017)

2017 NY Slip Op 00078

43 N.Y.S.3d 751

76-01 37TH AVE. REALTY CORP., Appellants, v. DONGBU INSURANCE COMPANY, LTD., Respondent.

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

Decided January 5, 2017.

Since there is no dispute that all the allegations in the underlying action fall within the scope of the insurance policy issued by defendant, defendant is obligated to indemnify plaintiff 76-01 37th Ave. Realty Corp. for any liability it is found to bear in that action, and the declaration need not await the final judgment therein (see Regal Constr. Corp. v National Union Fire Ins. Co. of Pittsburgh, PA, 15 N.Y.3d 34, 39 [2010]...

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