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120 WHITEHALL REALTY ASSOCIATES, LLC v. HERMITAGE INSURANCE COMPANY

40 A.D.3d 719 (2007)

835 N.Y.S.2d 715

120 WHITEHALL REALTY ASSOCIATES, LLC, Appellant, v. HERMITAGE INSURANCE COMPANY, Respondent, and GROBERIMBEY AGENCY, INC., Defendant and Third-Party Plaintiff-Respondent. BROKERS FACILITIES CORP., Third-Party Defendant-Respondent.

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

Decided May 8, 2007.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant Hermitage Insurance Company is not obligated to defend or indemnify the plaintiff in the underlying personal injury action entitled Godoy v Baisley Lumber Corporation, pending in the Supreme Court, Nassau County, under index No. 006913/02.

On January 18,...

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