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Defendant Insurance Company Files Appeal After Lower Court Ruling for the Plaintiff

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This particular case involves an insurance company as the respondent and two businesses as the appellants. The case is being heard in the Appellate Division, Second Department, of the Supreme Court of the State of New York.

Case Background

This case involves several related actions. The first action in the case is related to a personal injury. The Supreme Court ordered the defendant in the case lost the case and was ordered to pay for the personal injuries that the plaintiff sustained. The defendant is appealing this verdict that was made in the Supreme Court of Kings County. In this same action the insurance company of the defendant was ordered to indemnify the defendant and to pay the amount specified by the court. The insurance company is appealing this order as well. The second issue that is being appealed by the plaintiff is the order by the court that granted the second defendant a summary judgment in their favor to dismiss the complaints that were made against them.

Case Discussion and Decision

When the facts of the case are reviewed the court has determined that the original verdict in the case should be modified. The court will delete the provision of the order that granted the defendant a summary judgment in their favor and dismissed the complaint against them. A substitution will be made to deny the motion for summary judgment.

The cross motion that was made by the plaintiffs for a summary judgment against the defendants will now be granted.

The plaintiffs in both actions will be awarded a bill of costs that will be paid by the defendants and the insurance company.

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