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REPWEST INSURANCE COMPANY v. HANIF

2018-05309. Index No. 512013/17.

178 A.D.3d 973 (2019)

112 N.Y.S.3d 572

2019 NY Slip Op 09047

Repwest Insurance Company et al., Respondents, v. Nazim Hanif et al., Defendants, and Hereford Insurance Company, Appellant.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Goldberg, Miller & Rubin, P.C., New York, NY ( Harlan R. Schreiber of counsel), for appellant.

Nicoletti Gonson Spinner Ryan Gulino Pinter LLP, New York, NY ( Benjamin Gonson of counsel), for respondents.

Rivera, J.P., Dillon, Roman and Duffy, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs to the plaintiff Repwest Insurance Company, and the counterclaim of the nominal defendant Hereford Insurance Company is dismissed for lack of subject matter jurisdiction.

The plaintiff Repwest Insurance Company (hereinafter Repwest) commenced this action for a judgment declaring, inter alia, that it has no duty to provide insurance coverage for any claims arising out of a collision...

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