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ISIDORE MARGEL TRUST MITZI ZANK TRUSTEE v. MT. HAWLEY INS. CO.

2018-09396. Index No. 9795/16.

195 A.D.3d 799 (2021)

145 N.Y.S.3d 817

2021 NY Slip Op 03828

Isidore Margel Trust Mitzi Zank Trustee, Respondent, v. Mt. Hawley Insurance Company, Appellant, et al., Defendant.

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Delahunt Law, PLLC, Buffalo, NY ( Timothy E. Delahunt of counsel), for appellant.

Law Offices of Curtis, Vasile, Mehary & Dorry P.C., Merrick, NY ( Patricia M. D'Antone of counsel), for respondent.

Chambers, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment, inter alia, declaring that the defendant Mt. Hawley Insurance Company is obligated to defend and indemnify the plaintiff in the underlying action entitled Burtman v Mitzi Zank Trustee Isidor Margel Trust 12/29/1976, pending in the Supreme Court, Kings County, under index No. 502521/15.

Ludmila Burtman commenced an action...

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