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STATE FARM FIRE & CASUALTY INSURANCE COMPANY v. MEIS

23 A.D.3d 372 (2005)

805 N.Y.S.2d 553

STATE FARM FIRE & CASUALTY INSURANCE COMPANY, Appellant, v. SPIRIDOU MEIS et al., Defendants, and ELO ORGANIZATION, LLC, Respondent.

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

November 7, 2005.

Ordered that the order is affirmed, with costs.

The plaintiff, State Farm Fire & Casualty Company (hereinafter State Farm), failed to establish its prima facie entitlement to summary judgment declaring that it is not obligated to defend and indemnify Elo Organization, LLC (hereinafter Elo), in the underlying personal injury action. The proof submitted in support of the motion for summary judgment did not establish as a matter of law that on June 5, 1996, the date...

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