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BURKHART, WEXLER & HIRSCHBERG, LLP v. LIBERTY INSURANCE UNDERWRITERS, INC.

60 A.D.3d 884 (2009)

875 N.Y.S.2d 590

BURKHART, WEXLER & HIRSCHBERG, LLP, et al., Appellants, v. LIBERTY INSURANCE UNDERWRITERS, INC., Respondent.

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

Decided March 24, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify the plaintiffs in the underlying action.

The plaintiffs Burkhart, Wexler & Hirschberg, LLP, Stephen B. Wexler, Errol A. Burkhart, David Hirschberg, and Norman B. Arnoff (hereinafter collectively the Burkhart Firm), were insured under...

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