Allstate Insurance v. Santiago

Order, Supreme Court, Bronx County (Irwin M. Silbowitz, J.), entered on May 11, 1983, denying defendant Santiago’s motion to dismiss the complaint seeking a declaratory judgment, unanimously reversed, on the law, and the complaint dismissed, with costs. This action had its genesis in a personal injury action which was commenced after the infant Frank Santiago was injured by a motor vehicle owned by defendant Sears Roebuck and Company, and driven by its employee, defendant Irizarry. Santiago alleged that Irizarry was acting within the scope of his employment, and Sears asserted in its answer…