American Home Assurance v. ELRAC, Inc.

In an action for a judgment declaring, inter alia, that the defendant ELRAC, Inc., d/b/a Enterprise Rent A Car Company, is required to provide a defense and primary insurance coverage to the plaintiff’s insured, the defendant Carlos Medina, the plaintiff appeals (1) from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated February 4, 1999, which granted the motion of the defendant ELRAC, Inc., d/b/a Enterprise Rent A Car Company, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it and, in effect, denied its cross motion for summary judgment…