BORIS v. FLAHERTY


242 A.D.2d 9 (1998)

672 N.Y.S.2d 177

Daniel J. Boris, Individually and as Executor of Linda A. Boris, Deceased, Respondent, v. Colleen E. Flaherty et al., Respondents. (Action No. 1.) Daniel J. Boris, Individually and as Executor of Linda A. Boris, Deceased, Respondent, v. Shawn Galiotto et al., Respondents. (Action No. 2.) Duane Kimball et al., as Parents and Natural Guardians of Joy Kimball, an Infant, Respondents, v. Rosemary A. Flaherty et al., Respondents. (Action No. 3.) Mary Budniewski, as Parent and Natural Guardian of Shawn Galiotto, an Infant, Respondent, v. Rosemary A. Flaherty et al., Respondents. (Action No. 4.) New York Central Mutual Fire Insurance Company, Respondent, v. State Farm Insurance Companies, Appellant, and Reliance Insurance Company et al., Respondents. (Action No. 5.)

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

April 29, 1998


Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel, L. L. P., Buffalo, and Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick and Cheryl F. Korman of counsel), for appellant.

Rodgers, Menard & Coppola, Buffalo (Joseph M. Schnitter of counsel), for New York Central Mutual Fire Insurance Company, respondent.

DENMAN, P. J., BALIO and BOEHM, JJ., concur.


LAWTON, J.

Defendant State Farm Insurance Companies (State Farm) appeals from an order that, inter alia, denied its motion for permission to execute directly against the assets of New York Central Mutual Fire Insurance Company (New York Central). This appeal raises interesting issues in an area that has little certainty, viz., the use of an action in interpleader...

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