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MID-HUDSON EQUIPMENT, INC. v. ALLCITY INSURANCE COMPANY

282 A.D.2d 723 (2001)

724 N.Y.S.2d 331

MID-HUDSON EQUIPMENT, INC., et al., Respondents, v. ALLCITY INSURANCE COMPANY et al., Appellants, et al., Defendant.

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

Decided April 30, 2001.

Ordered that the order is modified by deleting the provision thereof granting summary judgment on the issue of indemnification and finding that the defendant Empire Insurance Company is obligated to indemnify the insureds in the underlying action; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Although, in deciding the propriety of a motion for summary judgment, a court ...

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