PRESERVER INSURANCE COMPANY v. RYBA


37 A.D.3d 574 (2007)

829 N.Y.S.2d 664

PRESERVER INSURANCE COMPANY, Appellant, v. ARTHUR RYBA et al., Defendants, and ONE BEACON INSURANCE COMPANY, Respondent.

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

Decided February 13, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Rockland County, for the entry of an appropriate judgment.

The Supreme Court properly denied the plaintiff's motion for summary judgment declaring that it is not obligated to defend and indemnify the defendant East Coast Stucco & Construction, Inc. (hereinafter East Coast), in an underlying personal injury action, and properly granted the cross...

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