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COUNTY OF SUFFOLK, NEW YORK v. TRAVELERS INS. CO.

No. CIV.00-5406 DRH MLO.

267 F.Supp.2d 288 (2003)

COUNTY OF SUFFOLK, New York, Plaintiff, v. TRAVELERS INSURANCE COMPNY, the Fidelity and Casualty Company of New York, Royal Insurance Company, Defendants.

United States District Court, E.D. New York.

January 29, 2003.

Attorney(s) appearing for the Case

Tinari, Paar, O'Connell & Osborn, LLP, Commack, NY by Frank A. Tinari, for Plaintiff.

Morrison & Foerster LLP, New York City by Charles L. Kerr, for Defendant Travelers Insurance Company.

Hammill, O'Brien, Croutier & Dempsey, P.C., Mineola, NY by Richard M. Wolff, for Defendant Fidelity and Casualty Company of New York.

McElroy, Deutsch & Mulvaney, New York City by Kevin E. Wolff, Justin N. Kinney, Kenneth H. Parks, for Defendant Royal Insurance Company.

MEMORANDUM & ORDER

HURLEY, District Judge.

Suffolk County initiated this action for declaratory judgment regarding Defendants' duty to indemnify and defend in a separate action in which Suffolk County is the defendant. The Defendants in the instant action filed a motion for summary judgment, arguing that the underlying action does not implicate the relevant policy periods. As such, Defendants argue that they have no duty to either indemnify or...

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