KANTROW v. SECURITY MUTUAL INSURANCE COMPANY


49 A.D.3d 818 (2008)

854 N.Y.S.2d 738

FRED S. KANTROW et al., Appellants, v. SECURITY MUTUAL INSURANCE COMPANY, Respondent.

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

Decided March 25, 2008.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify the plaintiffs in the underlying action.

In an underlying action, a minor alleges that she was "physically detained and sexually assaulted" in her own home on May 7, 2005 by the minor son of the plaintiffs in this action, Fred S. Kantrow and Marlene R. Kantrow...

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