NATIONWIDE MUT. FIRE INS. CO. v. OSTER

2018-10832. Index No. 304/16.

193 A.D.3d 951 (2021)

147 N.Y.S.3d 97

2021 NY Slip Op 02400

Nationwide Mutual Fire Insurance Company, Appellant-Respondent, v. Lisette M. Oster et al., Respondents, and Carol Daniele, Respondent-Appellant, et al., Defendants.

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

Decided April 21, 2021.


Attorney(s) appearing for the Case

Robert L. Hartford and Seiger Gfeller Laurie LLP (Milber Makris Plousadis & Seiden, LLP, Woodbury, NY [ Sarah M. Ziolkowski ], of counsel), for appellant-respondent.

Gaines, Novick, Ponzini, Cossu & Venditti, LLP, White Plains, NY ( Denise M. Cossu of counsel), for respondent-appellant.

Rivkin Radler LLP, Uniondale, NY ( Cheryl F. Korman and Merril S. Biscone of counsel), for respondent State Farm Mutual Insurance Company.

Mastro, A.P.J., Miller, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying those branches of the plaintiff's motion which were for summary judgment, in effect, declaring that it is not obligated to defend or indemnify the defendant Lisette M. Oster in the underlying action and that the defendant State Farm Mutual Insurance Company is so obligated and dismissing the counterclaims asserted against it, and substituting therefor a provision granting those branches...

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