Essex Insurance v. Zwick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J), entered September 7, 2004. The order, inter alia, denied plaintiffs motion seeking summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Plaintiff commenced this action seeking judgment declaring that it has no duty to defend or indemnify defendants T-Birds Nightclub and Restaurant, Inc. (T-Birds), AGA Development Corp. and Kenneth Holdsworth in a personal injury action commenced against them by defendant Andrew Zwick. Supreme…
2Cases cited8 opinions
- Miller v. Continental InsuranceNew York Court of Appeals · 1976
- Agoado Realty Corp. v. United International InsuranceNew York Court of Appeals · 2000
- American Ref-Fuel Co. v. Employers Insurance of WausauAppellate Division of the Supreme Court of the State of New York · 2000
- Republic Franklin Insurance v. PistilliAppellate Division of the Supreme Court of the State of New York · 2005
- Anastasis v. American Safety Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2004
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3Cited by1 opinion
- State Farm Fire & Casualty Co. v. WhitingAppellate Division of the Supreme Court of the State of New York · 2008