Burr v. Eveready Insurance

Judgment, Supreme Court,. Bronx County (Barry Salman, J.), entered on or about June 23, 1997, which invalidated insurer Eveready’s disclaimer of liability coverage as to its named insureds, M. A. Hittner & Sons and Michael Lamberti, and confirmed coverage as of the date of the accident, reversed, on the law, without costs, and judgment granted to Eveready, declaring that its disclaimer of liability and denial of coverage is valid and effective.

As captioned, this appeal represents only the third-party portion of a personal injury action. The parties designated as “plaintiffs” and “defendants”…