Progressive Casualty Insurance v. HARCO National Insurance

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered January 16, 2009 in a declaratory judgment action. The judgment, inter alia, granted the motion of plaintiff for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the declarations are vacated, the cross motion is granted, *1496and judgment is granted in favor of defendants HARCO National Insurance Company and Burdick Pontiac-GMC as follows:

It is adjudged and declared that plaintiff is…