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AMERICAN BRIDGE COMPANY v. ACCEPTANCE INSURANCE COMPANY

8 A.D.3d 217 (2004)

777 N.Y.S.2d 657

AMERICAN BRIDGE COMPANY et al., Appellants-Respondents, v. ACCEPTANCE INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent-Appellant, et al., Defendant. ZURICH AMERICAN INSURANCE GROUP, Third-Party Defendant-Appellant-Respondent.

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

June 1, 2004.

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

This matter is before us for the second time (see American Bridge Co. v Acceptance Ins. Co., 293 A.D.2d 634 [2002]). Now, as then, the Supreme Court correctly determined that the issue of indemnification cannot be resolved as a matter of law, as neither the plaintiffs and the third-party defendant...

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