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BURGUND v. ESP CAFÉ, INC.

2010-07258.

84 A.D.3d 849 (2011)

924 N.Y.S.2d 401

JAMES BURGUND et al., Plaintiffs, v. ESP CAFÉ, INC., Doing Business as RHYTHM & BREWS, et al., Defendants. (Action No. 1.) HERMITAGE INSURANCE COMPANY, Appellant, v. ESP CAFÉ, INC., Doing Business as RHYTHM & BREWS, Respondent, et al., Defendant. (Action No. 2.)

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

Decided May 10, 2011.

Ordered that the order is reversed, on the law, with costs, the motion of the plaintiff in action No. 2, Hermitage Insurance Company, for summary judgment declaring that it is not obligated to defend or indemnify the defendant ESP Café, Inc., doing business as Rhythm & Brews, in action No. 1 is granted, and the matter is remitted to the Supreme Court, Richmond County, for the entry of a judgment declaring that Hermitage Insurance Company is not obligated to defend...

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