Appellate Division of the Supreme Court of New York, 1993

Progressive Casualty Insurance v. Allstate Insurance

Progressive Casualty Insurance v. Allstate Insurance
Appellate Division of the Supreme Court of New York · Decided March 12, 1993
191 A.D.2d 955; 595 N.Y.S.2d 144; 1993 N.Y. App. Div. LEXIS 2897
Progressive Casualty Insurance v. Allstate Insurance

Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court erred in granting plaintiff's motion for summary judgment but properly denied defendant’s cross motion for summary judgment. Each party sought a declaration that the other’s insurance policy coverage was primary. That determination, however, cannot be made without a review of both policies, and only defendant’s policy is in the record. (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Declaratory Judgment.) Present — Callahan, J. P., Pine, Lawton, Boehm and Fallon, JJ.

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