Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly determined that third-party defendant Nationwide Mutual Fire Insurance Co. (Nationwide) has a duty to defend its insureds in the underlying personal injury action alleging negligent entrustment of a dangerous instrumentality to an infant (see, Cone v Nationwide Mut. Fire Ins. Co.,
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HERSHBERGER v. SCHWARTZ
198 A.D.2d 859 (1993)
604 N.Y.S.2d 428
Michael Hershberger, an Infant, by His Parent and Natural Guardian, Brenda Hershberger, et al., Respondents, v. Walter Schwartz et al., Defendants Gloria LaBorde et al., Third-Party Plaintiffs-Respondents, v. Nationwide Mutual Fire Insurance Co., Third-Party Defendant-Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
November 19, 1993
November 19, 1993
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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