UTICA FIRE INS. CO. OF ONEIDA COUNTY v. GOZDZIAK


198 A.D.2d 775 (1993)

604 N.Y.S.2d 371

Utica Fire Insurance Company of Oneida County, Appellant-Respondent, v. Joanne A. Gozdziak, Individually and as Parent and Natural Guardian of Richard M. Gozdziak, an Infant, Respondent, and Ronald J. Gozdziak et al., Appellants-Respondents

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

November 19, 1993


Judgment modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Plaintiff insurer brought this action seeking a declaration that it has no duty to defend or indemnify its insureds, who are defendants in an underlying action. The underlying action was brought on behalf of an infant, Richard Gozdziak, to recover for injuries sustained in a fireworks accident. The accident occurred while Richard, whose parents...

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