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AXIS SURPLUS INS. CO. v. GTJ CO., INC.

1273, 102277/10.

139 A.D.3d 604 (2016)

33 N.Y.S.3d 187

2016 NY Slip Op 04106

AXIS SURPLUS INS. CO., Appellant-Respondent, v. GTJ CO., INC., et al., Defendants, and CITY OF NEW YORK, Respondent-Appellant.

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

Decided May 26, 2016.

In this action, plaintiff seeks a declaration that it has no obligation to defend the City in the underlying personal injury action brought by defendant Bronislava Bari. Plaintiff seeks to be relieved of its duty to defend and indemnify the City, arguing that the location where Bari fell was not in an area that plaintiff's insured, defendant GTJ Co., Inc d/b/a Shelter Express was responsible for maintaining. The City seeks, at the very least, to maintain the status quo, and...

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