JONES MEM. HOSP. v. MAIN ST. AM. ASSUR. CO.

894 CA 21-00173.

200 A.D.3d 1636 (2021)

159 N.Y.S.3d 311

2021 NY Slip Op 07380

Jones Memorial Hospital et al., Appellants-Respondents, v. Main Street America Assurance Company, Respondent-Appellant. (Appeal No. 1.)

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

HURWITZ & FINE, P.C., BUFFALO ( DAN D. KOHANE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( MATTHEW C. RONAN OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

Present— Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting plaintiffs' motion in its entirety, vacating the declaration, and granting judgment in favor of plaintiffs as follows:

It is adjudged and declared that defendant is obligated to defend and indemnify plaintiffs Jones Memorial Hospital and Jones Memorial Hospital Foundation in the underlying personal injury action on a primary and non-contributory basis, and as modified...

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