OEST v. EXCELSIOR INS.


170 Misc.2d 787 (1996)

656 N.Y.S.2d 89

Douglas Oest et al., Appellants, v. Excelsior Insurance National-Nederlanden North American Property and Casualty Group, Respondent.

Supreme Court, Appellate Term, Second Department.

November 20, 1996


Attorney(s) appearing for the Case

Rinaldo A. Pace, Hauppauge (Michael A. Ferruggia of counsel), for appellants. Keller, O'Reilly & Watson, P. C., Garden City (Matthew M. McDonough of counsel), for respondent.

STARK, J. P., INGRASSIA and FLOYD, JJ., concur.


MEMORANDUM.

Order unanimously affirmed without costs.

The court properly granted summary judgment in favor of defendant insurer dismissing the complaint. In a prior action for a declaratory judgment commenced by defendant's insured, judgment was entered declaring that defendant had no duty to defend and/or indemnify the insured in the underlying action instituted by plaintiffs herein against the insured. Plaintiffs...

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