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VISTA ENG'G CORP. v. EVEREST INDEM. INS. CO.

2017-03825, Index No. 6960/15.

170 A.D.3d 915 (2019)

93 N.Y.S.3d 875

2019 NY Slip Op 01813

Vista Engineering Corporation et al., Appellants, v. Everest Indemnity Insurance Company, Respondent, et al., Defendants.

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

Decided March 13, 2019.

Ordered that the order is modified, on the law, (1) by adding the words "without prejudice to renewal upon the completion of discovery" after the words "the plaintiff[s'] motion is denied" in the penultimate paragraph thereof, and (2) by deleting the provision thereof granting that defendant's cross motion for summary judgment declaring that it is not obligated to defend or indemnify the plaintiffs in the underlying action, and...

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