PRO'S CHOICE BEAUTY CARE, INC. v. GREAT N. INS. CO.

2018-10274. Index No. 608150/16.

190 A.D.3d 868 (2021)

140 N.Y.S.3d 544

2021 NY Slip Op 00318

Pro's Choice Beauty Care, Inc., Appellant-Respondent, v. Great Northern Insurance Company, Respondent-Appellant.

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

Decided January 20, 2021.


Attorney(s) appearing for the Case

Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York, NY ( Anthony J. Viola , Andre K. Cizmarik , and Kara M. Cormier of counsel), for appellant-respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, NY ( Katherine E. Tammaro of counsel), for respondent-appellant.

Austin, J.P., Miller, Barros and Connolly, JJ., concur.


Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, the defendant's motion, in effect, for summary judgment declaring that it is not obligated to defend or indemnify the plaintiff in the underlying action is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, declaring that the defendant is not obligated...

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