Hyperlawhypertext legal database Transportation Insurance v. Pennington 262 A.D.2d 1017

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Transportation Insurance v. Pennington

262 A.D.2d 1017 Court N.Y. App. Div. Decision date 1999-06-18 Docket Appeal No. 2 English

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p. 1017
Transportation Insurance Company et al., Appellants, v James Pennington, Individually and Doing Business as Pennington Landscaping, et al., Respondents.
(Appeal No. 2.)
[692 NYS2d 631]

—Judgment reversed on the law without costs, cross motions denied, motion granted and judgment granted in accordance with the same Memorandum as in Hartford Cas. Ins. Co. v Pennington ( 262 AD2d 1014 [decided herewith]).

All concur except Green, J. P., who dissents and votes to affirm in the same dissenting Memorandum as in Hartford Cas. Ins. Co. v Pennington ( 262 AD2d 1014 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Cos-grove, J. — Declaratory Judgment.) Present — Green, J. P., Law-ton, Wisner, Hurlbutt and Callahan, JJ.

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