New York Court of Appeals, 2012

Dzielski v. Essex Insurance Company

Dzielski v. Essex Insurance Company
New York Court of Appeals · Decided June 5, 2012
969 N.E.2d 1162; 19 N.Y.3d 871; 947 N.Y.S.2d 47; 2012 NY Slip Op 4279 (North Eastern Reporter, Second Series)

Dzielski v. Essex Insurance Company

Opinion

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 the dissenting memorandum at the Appellate Division (90 AD3d 1493, 1495-1497 [2011]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

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