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RICHMOND FARMS DAIRY, LLC v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY

60 A.D.3d 1411 (2009)

875 N.Y.S.2d 681

RICHMOND FARMS DAIRY, LLC, et al., Respondents, v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Appellant-Respondent, ERIE AND NIAGARA INSURANCE ASSOCIATION, Respondent, and SUSAN MILLER et al., Respondents-Appellants. LORRAINE RICHARDSON, Third-Party Plaintiff-Respondent, v. CHERRY VALLEY COOPERATIVE INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

Decided March 20, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating in its entirety the declaration in the second decretal paragraph and granting judgment in favor of defendant National Grange Mutual Insurance Company as follows:

"It is ADJUDGED and DECLARED that defendant National Grange Mutual Insurance Company is not obligated to defend or indemnify defendant-third-party plaintiff in the underlying actions under the business automobile...

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