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STATE FARM FIRE & CASUALTY COMPANY v. HORTON

37 A.D.3d 820 (2007)

831 N.Y.S.2d 251

STATE FARM FIRE & CASUALTY COMPANY, Respondent, v. ANTHONY HORTON, Defendant, and M.S., an Infant, by His Natural Guardian, J.M., et al., Appellants.

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

Decided February 27, 2007.

Ordered that the order dated June 16, 2005 is affirmed; and it is further,

Ordered that the order dated September 21, 2005 is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The appellants do not lack standing to challenge the plaintiff insurer's disclaimer of coverage (see Maroney v New York Cent. Mut. Fire Ins. Co., 5 N.Y.3d 467 [2005]; cf...

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