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PEERLESS INSURANCE COMPANY v. MICRO FIBERTEK, INC.

2008-08227.

67 A.D.3d 978 (2009)

890 N.Y.S.2d 560

2009 NY Slip Op 08795

PEERLESS INSURANCE COMPANY, Appellant, v. MICRO FIBERTEK, INC., et al., Defendants, and CROWN ROYAL VENTURES, LLC, Respondent.

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

Decided November 24, 2009.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the plaintiff is obligated to defend and indemnify Micro Fibertek, Inc., in the underlying action.

Initially, we reject the plaintiff's contention that the Supreme Court erred in considering the motion of the defendant Crown Royal Ventures, LLC (hereinafter Crown Royal), for summary judgment by virtue of a prior...

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