Legal Opinion

Donald Braasch Construction, Inc. v. State Insurance Fund

Appellate Division of the Supreme Court of the State of New York

Decided September 28, 2012Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 29, 2011. The order denied plaintiffs’ motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking a judgment declaring, inter alia, that defendant is “conditionally obligated” to indemnify them in the underlying personal injury lawsuit (see e.g. Puckett v County of Erie [appeal No. 3], 262 AD2d 966 [1999]; Puckett v County of Erie [appeal No. 2], 244 AD2d 865 [1997]). The accident that is the…

2Cases cited11 opinions

Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
Great Canal Realty Corp. v. Seneca InsuranceNew York Court of Appeals · 2005
Reynolds Metal Co. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1999

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