K.J.D.E. Corp. v Hartford Fire Ins. Co.
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K.J.D.E. Corp. v Hartford Fire Ins. Co.
2011 NY Slip Op 08420
Decided on November 18, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 18, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ.
1190 CA 11-01105
[*1]K.J.D.E. CORP., DOING BUSINESS AS K.J. ELECTRIC, AND THE RITA JACOBS TRUST, BY KENNETH JACOBS, TRUSTEE, PLAINTIFFS-RESPONDENTS,
v
THE HARTFORD FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered August 11, 2010. The order, insofar as appealed from, denied those parts of the motion of defendant The Hartford Fire Insurance Company for summary judgment dismissing plaintiffs' fourth and fifth causes of action.
GOLDBERG SEGALLA LLP, BUFFALO (DANIEL W. GERBER OF COUNSEL), FOR DEFENDANT-APPELLANT.
RICHARD P. PLOCHOCKI, SYRACUSE, FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and judgment is granted in favor of The Hartford Fire Insurance Company as follows: It is ADJUDGED and DECLARED that plaintiffs' losses are not covered by the insurance policy at issue.
Decided on November 18, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ.
1190 CA 11-01105
[*1]K.J.D.E. CORP., DOING BUSINESS AS K.J. ELECTRIC, AND THE RITA JACOBS TRUST, BY KENNETH JACOBS, TRUSTEE, PLAINTIFFS-RESPONDENTS,
v
THE HARTFORD FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered August 11, 2010. The order, insofar as appealed from, denied those parts of the motion of defendant The Hartford Fire Insurance Company for summary judgment dismissing plaintiffs' fourth and fifth causes of action.
GOLDBERG SEGALLA LLP, BUFFALO (DANIEL W. GERBER OF COUNSEL), FOR DEFENDANT-APPELLANT.
RICHARD P. PLOCHOCKI, SYRACUSE, FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and judgment is granted in favor of The Hartford Fire Insurance Company as follows: It is ADJUDGED and DECLARED that plaintiffs' losses are not covered by the insurance policy at issue.
Same Memorandum as in K.J.D.E. Corp. v Hartford Fire Ins. Co. ([appeal No. 1] ___ AD3d ___ [Nov. 18, 2011]).
Entered: November 18, 2011
Patricia L. Morgan
Clerk of the Court
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