BRODY TRUCK RENTAL, INC. v. COUNTRY WIDE INS. CO.


226 A.D.2d 205 (1996)

640 N.Y.S.2d 557

Brody Truck Rental, Inc., et al., Plaintiffs, v. Country Wide Insurance Company et al., Appellants, and Truck Rite Distribution Systems Corp., Respondent

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

April 16, 1996


We reject defendants-appellants' contention that the cross claims were rendered moot because they were predicated only upon Country Wide Insurance Company's refusal to defend and to indemnify plaintiffs in the underlying negligence action. Although inartfully drafted, Truck Rite's cross claims indicate that it was seeking relief based on other matters, since Truck Rite stated that Country Wide's refusal to defend and indemnify was just "part and parcel of a continuous, intentional...

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