Dzielski v Essex Ins. Co.
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Dzielski v Essex Ins. Co.
2012 NY Slip Op 04279
Decided on June 5, 2012
Court of Appeals
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 June 5, 2012
No. 149 SSM 22
[*1]Mark Dzielski et al., Respondents,
v
Essex Insurance Company, Appellant, et al., Defendant.
Submitted by Dan D. Kohane, for appellant.
Submitted by Kathleen M. Reilly, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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]). Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided June 5, 2012
Decided on June 5, 2012
No. 149 SSM 22
[*1]Mark Dzielski et al., Respondents,
v
Essex Insurance Company, Appellant, et al., Defendant.
Submitted by Dan D. Kohane, for appellant.
Submitted by Kathleen M. Reilly, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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]). Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided June 5, 2012
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