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DONOVAN v. EMPIRE INSURANCE GROUP

49 A.D.3d 589 (2008)

856 N.Y.S.2d 139

GLORIA DONOVAN, Respondent, v. EMPIRE INSURANCE GROUP et al., Appellants.

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

Decided March 11, 2008.

Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment is denied, the defendants' cross motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Richmond County, for the entry of a judgment declaring that the defendants are not obligated to defend and indemnify the plaintiff as a third-party defendant in the underlying action.

The defendants...

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