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Amy Mccabe and Thomas Mccabe v. St. Paul Fire and Marine Insurance Company

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2010

AMY MCCABE AND THOMAS MCCABE, PLAINTIFFS-RESPONDENTS,
v.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 26, 2009. The judgment declared defendant St. Paul Fire and Marine Insurance Company is obligated to indemnify defendant David E. Fretz, Esq. on a judgment obtained by plaintiffs.

Mccabe v St. Paul Fire & Mar. Ins. Co.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2010

PRESENT: SMITH, J.P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.

(APPEAL NO. 1.)

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in McCabe v St. Paul Fire & Mar. Ins. Co. ([appeal No. 2] ___ AD3d ___ [Dec. 30, 2010]).

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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