E.R. FURNITURE DELIVERY, INC. v. BUDGET RENT A CAR SYSTEM, INC.


62 A.D.3d 939 (2009)

E.R. FURNITURE DELIVERY, INC., Respondent, v. BUDGET RENT A CAR SYSTEM, INC., et al., Appellants.

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

Decided May 26, 2009.


Ordered that the order is reversed, on the law, with costs, the defendants' motion, in effect, for summary judgment is granted, the plaintiff's cross motion for summary judgment is denied, and the matter is remitted to the Supreme Court, Rockland County, for the entry of a judgment declaring that the defendants are not obligated to defend and indemnify the plaintiff in the underlying action.

The plaintiff, E.R. Delivery Furniture, Inc. (hereinafter E.R. Furniture...

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