Legal Opinion
Smith Pontiac-GMC Truck Center, Inc. v. Hartford Accident Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1993PublishedCited by 7 opinions
1Opinion of the CourtMahoney, J.
Appeal from an order of the Supreme Court (Kahn, J.), entered June 4, 1992 in Albany County, which granted plaintiff’s motion for summary judgment.
At issue in this appeal is defendant’s obligation to defend plaintiff on two third-party complaints. The facts are undisputed. In 1984 plaintiff, a franchised Pontiac dealer, was scheduled to receive for sale a certain 1984 Pontiac Fiero from the factory. While title documents were issued to it, due to an apparent delivery error the Fiero destined for plaintiff’s dealership was delivered to Arrow Pontiac, Inc. (hereinafter Arrow), another area…
2Cases cited2 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Wiseman v. KnausAppellate Division of the Supreme Court of the State of New York · 1965
3Cited by7 opinions
- First Investors Corp. v. Liberty Mutual InsuranceCourt of Appeals for the Second Circuit · 1998
- First Investors Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the First Circuit · 1998
- Direct Travel, Inc. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Dumblewski v. ITT Hartford Insurance GroupAppellate Division of the Supreme Court of the State of New York · 1995
- Allianz Insurance v. LernerDistrict Court, E.D. New York · 2004
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