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ATLANTIC MUTUAL INS. CO. v. GREATER NEW YORK MUTUAL INSURANCE CO.

Index No. 113846/06.

2009 NY Slip Op 30441 (U)

ATLANTIC MUTUAL INSURANCE COMPANY, Plaintiff, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, PENMARK REALTY CORPORATION, 40 EAST 80 APARTMENT CORPORATION, SELWIN R. SILVER, BARBARA NAFISSIAN, JAY B. FISCHOFF, BENJAMIN S. KLAPPER, MIRIUM H. WEINGARTEN, STEPHEN A. MARSHALL, BRAD BUTLER, JANET GREENSBURG BAKER, and NORMAN BAKER, Defendants.

Supreme Court of the State of New York, New York County.

February 25, 2009.

Decision, Order and Judgment

MICHAEL D. STALLMAN, J.

Plaintiff Atlantic Mutual Insurance Company (Atlantic) moves for partial summary judgment in an action seeking a declaration that defendant Greater New York Mutual Insurance Company (Greater New York) is obligated to defend its insureds in an underlying action.

BACKGROUND

Atlantic alleges that it issued a policy of insurance to 40 East 80 Apartment Corporation ...

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