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HORN MAINT. CORP. v. AETNA CAS. & SUR. CO.

225 A.D.2d 443 (1996)

639 N.Y.S.2d 355

Horn Maintenance Corporation, Respondent, v. Aetna Casualty & Surety Company, Appellant, and State Insurance Fund et al., Respondents Pedro Romay et al., Respondents, v. 400 East 77th Owners, Inc., Defendant, and Horn Maintenance Corporation, Appellant and Third-Party Plaintiff-Appellant. Basonas Construction Corp., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

March 21, 1996

The motion court erred in granting summary judgment to SIF and Basonas in the declaratory judgment action and, consequently, its reliance on that determination in granting summary judgment and dismissing the third-party complaint in the personal injury action was also error.

Basonas and SIF as summary judgment movants failed to demonstrate that they were entitled to judgment as a matter of law on the issue of whether Horn...

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