J. Lucarelli & Sons, Inc. v. Mountain Valley Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered July 16, 2008 in Saratoga County, which, among other things, denied plaintiffs motion for summary judgment.
Flaintiff, an excavation contractor, commenced this action against defendant, its commercial general liability insurer, seeking a judgment declaring that defendant is obligated under its policy to defend or indemnify plaintiff in two underlying actions in which plaintiff was named as a third- and fourth-party defen*857dant. Plaintiff moved and defendant cross-moved for summary judgment. Supreme Court denied plaintiffs motion…
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