KMAPS CORP. v. NOVA CAS. CO.

CA 07-00375.

2008 NY Slip Op 06024

KMAPS CORP. AND SECURITY INDEMNITY INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, v. NOVA CASUALTY COMPANY, DEFENDANT-APPELLANT.

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

Decided July 3, 2008.


Attorney(s) appearing for the Case

MURA & STORM, PLLC, BUFFALO (ROY A. MURA OF COUNSEL), FOR DEFENDANT-APPELLANT.

SLIWA & LANE, BUFFALO (PAUL J. CALLAHAN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

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


It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied and the declaration is vacated.

Memorandum: Plaintiffs commenced this action seeking, inter alia, a declaration that defendant is obligated to defend and indemnify plaintiff KMAPS Corp. (KMAPS) in the underlying personal injury action. On a prior appeal, we affirmed the amended order denying plaintiffs' cross motion for summary judgment on...

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