Framapac Delicatessen, Inc. v. Aetna Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Herman Cahn, J.), entered May 9, 1997, which granted plaintiffs’ motion for renewal of their prior motion for summary judgment and, upon renewal, reinstated plaintiff’s complaint, granted plaintiff’s motion for summary judgment to the extent of finding that defendants had a duty to defend plaintiffs in the underlying action and directed the parties to proceed with discovery, unanimously affirmed, without costs.
Plaintiffs’ motion, correctly considered by the IAS Court as one for renewal since it was based upon newly submitted evidence (see, Bibeau v…
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