WALDBAUMS, INC. v. LUMBERMANS MUTUAL CASUALTY COMPANY


303 A.D.2d 402 (2003)

755 N.Y.S.2d 880

WALDBAUMS, INC., et al., Respondents, v. LUMBERMANS MUTUAL CASUALTY COMPANY et al., Appellants.

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

Decided March 3, 2003.


Ordered that the judgment is reversed, on the law, with costs, and that branch of the plaintiffs' cross motion which was for summary judgment declaring that the defendants are obligated to indemnify them for the amount paid in the underlying action is denied.

The Supreme Court erred in granting that branch of the plaintiffs' cross motion which was for summary judgment declaring that the defendants were obligated to indemnify them in the underlying action. There are...

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