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NATIONAL INTERSTATE INS. CO. v. INTERSTATE INDEM. CO.

Index No. 650451/15. Appeal No. 137. Case No. 2022-01573.

215 A.D.3d 593 (2023)

187 N.Y.S.3d 228

2023 NY Slip Op 02182

National Interstate Insurance Company et al., Appellants-Respondents, v. Interstate Indemnity Company, Respondent-Appellant, et al., Defendants.

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

Decided April 27, 2023.

Attorney(s) appearing for the Case

Hurwitz Fine P.C., Buffalo ( Brian D. Barnas of counsel), for appellants-respondents.

Tressler LLP, New York ( Kiera Fitzpatrick of counsel), and Tressler LLP, Morristown, NJ ( Timothy M. Jabbour of the bar of the State of New Jersey, admitted pro hac vice, of counsel), for respondent-appellant.

Concur—Webber, J.P., Moulton, Scarpulla, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Erika Edwards, J.), entered on or about October 7, 2021, which denied plaintiffs' and defendant's motions for summary judgment, unanimously affirmed, without costs.

In this declaratory judgment action, plaintiffs National Interstate Insurance Company and New York Crane & Equipment Corporation (NY Crane) seek an order declaring that NY Crane is entitled to a defense and indemnification in an underlying action, as an additional...

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