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EVEREADY INSURANCE COMPANY v. DELEON

287 A.D.2d 536 (2001)

731 N.Y.S.2d 642

EVEREADY INSURANCE COMPANY, Appellant, v. NELSON E. DELEON et al., Defendants, and KENNETH RODRIGUEZ et al., Respondents.

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

Decided October 15, 2001.

Ordered that the order is reversed, on the law, with one bill of costs, the respondents' respective motion and cross motion are denied, the plaintiff's cross motion is granted, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the appellant is not obligated to defend or indemnify its insured in the underlying personal injury action.

Contrary to the Supreme Court's...

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