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DZIELSKI v. ESSEX INSURANCE COMPANY

No. 149 SSM 22.

19 N.Y.3d 871 (2012)

969 N.E.2d 1162

947 N.Y.S.2d 47

2012 NY Slip Op 4279

MARK DZIELSKI et al., Respondents, v. ESSEX INSURANCE COMPANY, Appellant, et al., Defendant.

Court of Appeals of New York.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo ( Dan D. Kohane of counsel), for appellant.

Damon Morey LLP, Buffalo ( Kathleen M. Reilly , Eric C. Naegely and Jessica M. DeMichiel of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, plaintiffs' motion for summary judgment denied, defendant's motion for summary judgment granted, and judgment granted to defendant declaring that it has no obligation to indemnify its insured in the underlying personal injury action, for the reasons stated in...

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