NIAGARA FRONTIER TRANSP. AUTH. v. HARTFORD INS. CO.


187 A.D.2d 1019 (1992)

Niagara Frontier Transportation Authority, Appellant-Respondent, v. Hartford Insurance Company et al., Respondents-Appellants

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

November 18, 1992


Order unanimously affirmed without costs.

Memorandum:

The court properly denied the motion and cross motion for summary judgment as premature. Whether coverage B of the insurance policy at issue applies at all depends upon the resolution of questions of fact in the Federal action (see generally, New York Pub. Interest Research Group v Carey, 42 N.Y.2d 527, 531; Aetna Cas. & Sur. Co. v Liberty Mut. Ins...

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