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HALLOWAY v. STATE FARM INSURANCE COMPANIES

23 A.D.3d 617 (2005)

805 N.Y.S.2d 107

WINIFRED HALLOWAY et al., Respondents, v. STATE FARM INSURANCE COMPANIES, Appellant.

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

November 28, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and, upon searching the record, summary judgment is awarded to the defendant, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify Newton S. Osborne in the personal injury action entitled Halloway v Osborne, pending in the Supreme Court, Queens County, under index No. 19772/02...

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