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CHURCH v. MAROTTA

280 A.D.2d 634 (2001)

720 N.Y.S.2d 840

DONNA CHURCH et al., Plaintiffs, v. ARTHUR MAROTTA et al., Defendants and Third-Party Plaintiffs-Respondents. GOVERNMENT EMPLOYEES INSURANCE CO., INC., Also Known as GEICO, Third-Party Defendant-Appellant.

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

Decided February 26, 2001.

Ordered that the order is affirmed, with costs payable to the defendants.

The third-party complaint alleges that the appellant insurance carrier is obligated to defend and indemnify the third-party plaintiffs in the main action under a general homeowner's insurance policy. The Supreme Court properly denied the appellant's motion for summary judgment as there is no evidence that the appellant notified the third-party plaintiffs...

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