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NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. UTICA FIRST INSURANCE COMPANY

6 A.D.3d 681 (2004)

775 N.Y.S.2d 175

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., et al., Respondents, v. UTICA FIRST INSURANCE COMPANY, Appellant, et al., Defendant.

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

April 26, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the defendant Utica First Insurance Company is not obligated to defend and indemnify the plaintiff Community Housing Innovations, Inc., in the underlying action.

The plaintiff Community Housing Innovations, Inc. (hereinafter CHI), hired nonparty All...

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