LEVIN v. G.T.J. CO., INC.


306 A.D.2d 385 (2003)

760 N.Y.S.2d 868

NEIL T. LEVIN, Respondent, v. G.T.J. CO., INC., Also Known as VARSITY TRANSIT, INC., Appellant, et al., Defendant.

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

Decided June 16, 2003.


Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the plaintiff's cross motion for summary judgment and declared that it is not obligated to defend and indemnify the appellant in the underlying action. It is uncontroverted that the act which constituted the basis of the underlying action did not occur on a date encompassed by the subject insurance policy. Since no coverage was created in the first instance, the timely...

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