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ABILITY TRANSMISSION, INC. v. JOHN'S TRANSMISSION, INC.

2015-04989. Index No. 26161/13.

150 A.D.3d 1056 (2017)

55 N.Y.S.3d 367

2017 NY Slip Op 04087

ABILITY TRANSMISSION, INC., Respondent, v. JOHN'S TRANSMISSION, INC., et al., Appellants.

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

Decided May 24, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the defendant Merchants Mutual Insurance Company is obligated to defend and indemnify the plaintiff in the underlying personal injury action.

In May 2012, Susan Crescimano allegedly was injured when she tripped and fell in a pothole in the parking...

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