• 7949
  • Jan 17 2013 (Date Decided)
  • Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels, Román, JJ.
7949. QBE INSURANCE CORPORATION, plf-res, v. JINX-PROOF INC., DOING BUSINESS AS BEAUTY BAR def-ap, GARRETT ALARCON, def — Devitt Spellman Barrett, LLP, Smithtown (John M. Denby of counsel), for Jinx-Proof Inc., ap — Zalman Schnurman Miner, P.C., New York (Marc H. Miner of counsel), for Vera Hendrix, ap — Thomas M. Bona, P.C., White Plains (Anthony M. Napoli of counsel), for res — Order, Supreme Court, New York County (Salliann Scarpulla, J.), entered August 17, 2011, which granted plaintiff's motion for summary judgment declaring that it is not obligated to defend defendant Jinx-Proof, Inc. in the underlying action, and denied Jinx-Proof's motion for summary judgment dismissing the complaint as against it, modified, on the law, to declare that plaintiff is not obligated to defendant Jinx-Proof in the underlying action, and otherwise affirmed, without costs.

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