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44 LEXINGTON ASSOCIATES, LLC v. LIBERTY MUTUAL GROUP, INC.

154451/15. 3958. 3957.

150 A.D.3d 463 (2017)

2017 NY Slip Op 03849

51 N.Y.S.3d 871

44 LEXINGTON ASSOCIATES, LLC, et al., Appellants, v. LIBERTY MUTUAL GROUP, INC., Also Known as LIBERTY MUTUAL INSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided May 11, 2017.

Defendant Liberty Mutual agreed to fully defend plaintiffs in the underlying personal injury action subject to a reservation of rights on the issue of indemnification. Dissatisfied with that offer, plaintiffs brought a declaratory judgment action seeking a determination that Liberty Mutual was obligated to fully defend and indemnify them.

Liberty Mutual moved to dismiss the complaint, arguing that it was premature because...

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