HARTFORD INS. GROUP v. RUBINSHTEYN


66 N.Y.2d 732 (1985)

Hartford Insurance Group, Respondent, v. Rakhel Rubinshteyn et al., Defendants, and Nationwide Insurance Companies, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1985.


Attorney(s) appearing for the Case

Roy Karlin and Abraham L. Shapiro for appellant.

Sebastian J. Navarra and Vincent A. Brescia for respondent.

Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur in memorandum; Judge TITONE dissents and votes to affirm in an opinion in which Chief Judge WACHTLER concurs.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of the Supreme Court, Kings County, reinstated.

In this declaratory judgment action, Hartford Insurance Group seeks a declaration that it is not obligated to defend 18th Avenue Garage, Inc. (Garage), its named insured under a Garage Hazard No. 1 policy, in negligence and wrongful death actions in which Garage is a named...

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