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PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY v. B&F LAND DEVELOPMENT CORP.

2016-08692. Index No. 34112/09.

168 A.D.3d 868 (2019)

92 N.Y.S.3d 138

2019 NY Slip Op 00292

Pennsylvania Lumbermens Mutual Insurance Company, Respondent, v. B&F Land Development Corp., Defendant, and Marie-Luise Maier, as Executrix of the Estate of Philippe Smith, Also Known as Fillippe Smith, Deceased, Appellant.

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

Decided January 16, 2019.

Ordered that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, the plaintiff's application for a judgment declaring that it had no duty to defend or indemnify the defendant B&F Land Development Corp. in an underlying action entitled Maier v B&F Land Dev. Corp.,...

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