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TULLY CONSTRUCTION CO., INC. ap, v. ILLINOIS NATIONAL INSURANCE COMPANY, res

TULLY CONSTRUCTION CO., INC. ap, v. ILLINOIS NATIONAL INSURANCE COMPANY, res — (INDEX NO. 11849/10)counsel), for respondent.

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TULLY CONSTRUCTION CO., INC. ap, v. ILLINOIS NATIONAL INSURANCE COMPANY, res — (INDEX NO. 11849/10)counsel), for respondent.

In an action, inter alia, for a judgment declaring that the defendant is obligated to indemnify the plaintiff Tully Construction Co., Inc., in certain underlying actions, in which the defendant counterclaimed, among other things, for a declaration that it had no obligation to indemnify Tully Construction Co., Inc., in the underlying actions, the plaintiffs, Tully Construction Co., Inc., and Zurich American Insurance Company, separately appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Brathwaite Nelson, J.), entered October 7, 2013, which denied their separate motions for summary judgment on the complaint, granted the defendant’s cross motion for summary judgment in its favor on the complaint and for a declaration that the plaintiff Zurich American Insurance Company must reimburse it the sum of $2,500,000, and declared, among other things, that the defendant had no obligation to indemnify the plaintiff Tully Construction Co., Inc., in the underlying actions, and that the plaintiff Zurich American Insurance Company must reimburse the defendant the sum of $2,500,000 which the defendant had contributed to the settlement of the underlying actions.

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