Legal Opinion

Merchants & Business Men's Mutual Insurance v. Savemart, Inc.

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

Decided March 27, 1995PublishedCited by 7 opinions

1Opinion of the Court

—In an action for a judgment declaring that the defendants have a duty to defend and indemnify Imperial Sterling, Ltd. in an underlying personal injury action entitled Lenart v City of *608New York, pending in the Supreme Court, Queens County, the defendant Cigna Property and Casualty Company appeals from an order of the Supreme Court, Queens County (Friedmann, J.), dated May 21, 1993, which granted the plaintiffs’ motion for summary judgment and denied its cross motion for summary judgment on the issue of coinsurance.

Ordered that the order is modified by deleting the provision thereof which…

2Cases cited7 opinions

  1. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  2. Gilberg v. BarbieriNew York Court of Appeals · 1981
  3. Ross v. Medical Liability Mutual InsuranceNew York Court of Appeals · 1990
  4. J. P. Realty Trust v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  5. J. P. Realty Trust v. Public Service Mutual InsuranceNew York Court of Appeals · 1985

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3Cited by7 opinions

  1. American Ref-Fuel Co. v. Resource Recycling, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. National Union Fire Insurance v. Hartford InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
  3. B.F. Yenny Construction Co. v. One Beacon InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  4. Maxwell v. Toys "R" US-NY Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2000
  5. Pennsylvania General Insurance v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 2003

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