Orange Motor Co. v. Hanover Insurance

Appeal from an order of the Supreme Court (Harris, J.), entered May 24, 1990 in Albany County, which, inter alia, granted defendant’s motion for summary judgment and declared that defendant was not required to defend plaintiff in a pending action or to indemnify plaintiff against any judgment arising therefrom.

Plaintiff, an automobile dealer, accepted a 1980 Chevrolet Monza in trade from Michelle Myers, who certified that the vehicle had been driven 31,316 miles. Plaintiff transferred the vehicle to a wholesaler, certifying that the vehicle had been driven 31,318 miles. Following a series of…