Denisco v New York Cent. Mut. Fire Ins. Co.

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Denisco v New York Cent. Mut. Fire Ins. Co. 2006 NY Slip Op 08506 [34 AD3d 1310] November 17, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

Andrea F. Denisco, Respondent, v New York Central Mutual Fire Insurance Company, Appellant, and David Phillips, Respondent.

—[*1]Appeal from a judgment of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 4, 2006 in a declaratory judgment action. The judgment, after a nonjury trial, declared that defendant New York Central Mutual Fire Insurance Company must defend and indemnify plaintiff in the underlying action brought by defendant David Phillips.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs. Present—Hurlbutt, A.P.J., Scudder, Gorski, Centra and Green, JJ.

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