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STATE FARM FIRE & CAS. CO. v. RUSSO

2021-07569, Index No. 603466/20.

2024 NY Slip Op 02719

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. JACOB RUSSO, Respondent, ET AL., Defendants.

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

Decided May 15, 2024.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York, NY ( Ann M. Odelson and Douglas J. Steinke of counsel), for appellant.

Davis & Ferber, LLP (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for respondent.

Before: Francesca E. Connolly, J.P., Cheryl E. Chambers, Barry E. Warhit, Laurence L. Love, JJ.

DECISION & ORDER

In an action for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant Jacob Russo in an underlying third-party action entitled Eichle v Russo, commenced in the Supreme Court, Suffolk County, under Index No. 616028/18, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Kathy G. Bergmann, J.), dated October 6, 2021. The order granted the motion of the defendant Jacob Russo...

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