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STATE FARM FIRE & CAS. CO. v. WHITING

CA 07-02141.

2008 NY Slip Op 06020

STATE FARM FIRE AND CASUALTY COMPANY, PLAINTIFF-RESPONDENT, v. RODNEY WHITING, ET AL., DEFENDANTS, AND MATTHEW WHITING, DEFENDANT-APPELLANT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

LAW OFFICES OF MICHAEL PILARZ, BUFFALO (MICHAEL PILARZ OF COUNSEL), FOR DEFENDANT-APPELLANT.

GOLDBERG SEGALLA LLP, BUFFALO (DANIEL W. GERBER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, GREEN, AND GORSKI, JJ.

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 has...

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