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STATE FARM FIRE AND CASUALTY COMPANY v. WHITING

53 A.D.3d 1033 (2008)

862 N.Y.S.2d 420

STATE FARM FIRE AND CASUALTY COMPANY, Respondent, v. RODNEY WHITING et al., Defendants, and MATTHEW WHITING, Appellant.

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

Decided July 3, 2008.

It is hereby ordered that the judgment so appealed from is affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of plaintiff seeking summary judgment declaring that it has no duty to defend or indemnify Matthew Whiting (defendant) in the underlying action. According to the complaint in the underlying action, defendant assaulted Evan Lang while Lang was attending a party at defendant's home. We agree with the court that plaintiff...

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