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06-4036 - Atlantic Casualty Insurance Company v. C.A.L. Construction Corporation et al


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06-4036 - Atlantic Casualty Insurance Company v. C.A.L. Construction Corporation et al
July 30, 2008
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ORDER re 25 Letter filed by Atlantic Casualty Insurance Company AND ORDER CLARIFYING AND MODIFYING the court's July 29, 2008 Electronic and Written Orders granting in part and denying in part summary judgment in plaintiff's favor ---- Upon reviewing the docket sheet, it appears that in entering the Order, the court inadvertently did not attach its Written Memorandum and Order referred to in the Electronic Order. Accordingly, it is attached hereto. Furthermore, with respect to the clarification requested by plaintiff, for all the reasons set forth in the Attached Written Order issued July 29, 2008, the court hereby finds that plaintiff is also entitled to summary judgment on the duty to defend. Plaintiff has no duty to defend defendant C.A.L. Construction Corp. in the underlying state court action, Hussain v. Iqbal, Index No. 26831/05. This order hereby modifies the court's Electronic and Written orders dated July 29, 2008. SO ORDERED by Judge Dora Lizette Irizarry on 07/30/08. (Irizarry, Dora)