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ROSE, JR. v. STATE OF NEW YORK

265 A.D.2d 473 (1999)

696 N.Y.S.2d 527

EDWARD N. ROSE, JR., et al., Claimants, v. STATE OF NEW YORK, Defendant and Third-Party Claimant-Respondent. MARYLAND CASUALTY COMPANY, Third-Party Defendant-Appellant.

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

Decided October 18, 1999.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Court of Claims for entry of an appropriate judgment severing the third-party claim and declaring that the appellant is obligated to defend and indemnify the State of New York in the underlying claim.

The Court of Claims correctly determined that the third-party defendant, Maryland Casualty Company (hereinafter the appellant), is obligated...

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