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EVANSTON INS. CO. v. P.S. BRUCKEL, INC.

2015-02584. Index No. 60034/13.

150 A.D.3d 693 (2017)

2017 NY Slip Op 03489

54 N.Y.S.3d 57

EVANSTON INSURANCE COMPANY, Appellant, v. P.S. BRUCKEL, INC., et al., Respondents, et al., Defendants.

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

Decided May 3, 2017.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff insurance company commenced this action for a judgment declaring that it has no duty to defend or indemnify its insured, the defendant P.S. Bruckel, Inc. (hereinafter Bruckel), in an underlying indemnification action entitled State of New York v P.S. Bruckel, Inc., pending in the Supreme Court, Suffolk County, under Index No. 7742/12 (hereinafter the underlying...

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