Legal Opinion
Chiarello v. Rio
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2012Published
1Opinion of the Court
*794On July 18, 2007, the infant plaintiff allegedly was injured while operating an all-terrain vehicle (hereinafter ATV) owned by the defendants/third-party plaintiffs, Frank Rio and Lori Rio (hereinafter together the Rios). The infant plaintiff was a guest of the Rios’ teenage son at the Rios’ vacation home, located in Galway, New York. At the time of the incident, the Rios’ vacation home was insured under a policy issued by the third-party defendant, Encompass Insurance Company of America (hereinafter Encompass).
In June 2010, the Rios were served with copies of a summons and verified complaint…
2Cases cited25 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Great Canal Realty Corp. v. Seneca InsuranceNew York Court of Appeals · 2005
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
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