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NATIONAL CITY BANK v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

6 A.D.3d 1116 (2004)

775 N.Y.S.2d 679

NATIONAL CITY BANK, Appellant-Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent-Appellant, et al., Defendants.

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

April 30, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff, National City Bank (National), commenced this action seeking a declaration that defendant New York Central Mutual Fire Insurance Company (New York Central) is obligated not only to defend National, as owner of a vehicle, in an underlying action arising out of a traffic accident but also to hire separate counsel for National...

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