HURNEY v. MATTSON


59 A.D.2d 934 (1977)

Louis Hurney et al., Plaintiffs, v. Allen D. Mattson et al., Doing Business as Mattson and Stone Gulf Station, Defendants, and Third-Party Plaintiffs-Appellants. Sentry Insurance (Hardware Mutual Casualty Company), Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 28, 1977


Judgment reversed insofar as appealed from, on the law, with costs, and action remanded to Trial Term for a hearing to determine the reasonable expenses incurred in the defense of the third-party defendant's counterclaim and for the entry of an appropriate amended judgment.

The plaintiffs, Louis Hurney and Mary Hurney, commenced a negligence action against appellants. Shortly thereafter the appellants' insurance carrier, Sentry Insurance, disclaimed coverage and refused...

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