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MAYER'S CIDER MILL, INC. v. PREFERRED MUTUAL INSURANCE COMPANY

63 A.D.3d 1522 (2009)

879 N.Y.S.2d 858

MAYER'S CIDER MILL, INC., Respondent, v. PREFERRED MUTUAL INSURANCE COMPANY, Appellant, and JAMES LANSDOWNE, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 5, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking a declaration that defendant Preferred Mutual Insurance Company (Preferred Mutual) must defend and indemnify plaintiff in the underlying personal injury action commenced against it by defendant James Lansdowne. We agree with plaintiff that Supreme Court properly granted its motion for summary judgment seeking that declaration...

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