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WHELAN v. KINGSTONE COMPANIES, INC.

2021-01122, 2021-03095. Index No. 610147/20.

216 A.D.3d 1059 (2023)

190 N.Y.S.3d 406

2023 NY Slip Op 02710

David J. Whelan et al., Appellants, v. Kingstone Companies, Inc., et al., Respondents.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Patricia Weiss , Sag Harbor, NY, for appellants.

McCauley Law Firm, LLP, White Plains, NY ( Todd M. McCauley of counsel), for respondents.

Dillon, J.P., Chambers, Zayas and Warhit, JJ., concur.

In an action, inter alia, for a judgment declaring that the defendants are obligated to defend and indemnify the plaintiffs in connection with a counterclaim asserted in an underlying action entitled Whelan v Busiello, pending in the Supreme Court, Suffolk County, under index No. 624896/19, the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (James Hudson, J.), dated January 12, 2021, and (2) an...

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