UNITED SERVS. AUTO. ASSN. v. WILEY


60 A.D.3d 1042 (2009)

876 N.Y.S.2d 444

UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent, v. ED WILEY et al., Respondents, and KATE O'BRIAN et al., Appellants, et al., Defendant. (Action No. 1.) EDWARD POWERS, III, Respondent-Appellant, and MOLLY SPENCER, Respondent, v. ED WILEY et al., Respondents, KATE O'BRIAN et al., Appellants-Respondents, and EASTCHESTER FIRE DISTRICT, Appellant, et al., defendant. (Action No. 2.) STATE FARM FIRE & CASUALTY COMPANY, Respondent, v. ED WILEY SLATE CO. et al., Defendants, and EASTCHESTER FIRE DISTRICT, Appellant. (Action No. 3.) STATE FARM FIRE & CASUALTY COMPANY, Respondent, v. VILLAGE OF BRONXVILLE et al., Defendants, and EASTCHESTER FIRE DISTRICT, Appellant. (Action No. 4.)

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

Decided March 31, 2009.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying the motion of Kate O'Brian and Thomas Smith for summary judgment dismissing the complaints and all cross claims insofar as asserted against them in action Nos. 1 and 2, and substituting therefor a provision granting that motion, and (2) by deleting the provision thereof denying the motion of the Eastchester Fire District for summary judgment dismissing all complaints and cross claims...

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