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CUMBERLAND FARMS, INC. v. TOWER GROUP, INC.

2014-07268, Index No. 19318/12.

137 A.D.3d 1068 (2016)

28 N.Y.S.3d 119

2016 NY Slip Op 02048

CUMBERLAND FARMS, INC., Respondent-Appellant, v. TOWER GROUP, INC., et al., Appellants-Respondents, et al., Defendant.

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

Decided March 23, 2016.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendants Tower Group, Inc., Tower Group Companies, and Mountain Valley Indemnity Company which was, in effect, for summary judgment declaring that the defendants Tower Group, Inc., and Tower Group Companies are not obligated to defend and indemnify the plaintiff in the underlying action, and substituting therefor a provision granting that branch...

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