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CHIPOTLE MEXICAN GRILL, INC. v. RLI INS. CO.

2018-11057, 2018-11361, 2018-14847, 2019-00473. Index No. 700712/16.

199 A.D.3d 979 (2021)

158 N.Y.S.3d 201

2021 NY Slip Op 06604

Chipotle Mexican Grill, Inc., et al., Appellants-Respondents, v. RLI Insurance Company, Defendant/Third-Party Defendant-Respondent, et al., Defendants. Fireman's Fund Insurance Company, Third-Party Plaintiff-Respondent Appellant.

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

Decided November 24, 2021.

Attorney(s) appearing for the Case

Messner Reeves LLP (Stonberg Moran, LLP, New York, NY [ James M. Haddad and Sherri N. Pavloff ], of counsel), for plaintiffs-appellants-respondents.

Lester Schwab Katz & Dwyer, LLP, New York, NY ( Eric A. Portuguese and Farrell J. Miller of counsel), for third-party plaintiff-respondent-appellant.

Delahunt Law PLLC, Buffalo, NY ( Timothy E. Delahunt of counsel), for defendant third-party defendant-respondent.

Mastro, J.P., Brathwaite Nelson, Genovesi and Dowling, JJ., concur.

Ordered that the appeal from the order entered July 17, 2018, is dismissed; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the cause of action for declaratory relief against RLI Insurance Company, and adding thereto a provision declaring that RLI Insurance Company is not obligated to defend or indemnify the plaintiffs as additional insureds in the underlying action; and it is further,

Ordered...

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