Legal Opinion

MTO Associates, Limited Partnership v. Republic-Franklin Insurance

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

Decided September 19, 2005PublishedCited by 3 opinions

1Opinion of the Court

In an action for a declaration that the defendant is obligated to defend and indemnify the plaintiff in an underlying action entitled Grosso v MTO Assoc., Ltd. Partnership, pending in the Supreme Court, Orange County, under index No. 888/01, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Woodard, J.), dated September 22, 2004, as denied its cross motion for summary judgment

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff insured commenced this action seeking a declaration that the defendant…

2Cases cited4 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. Bennion v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  3. Rendeiro v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  4. U.S. Delivery Systems, Inc. v. National Union Fire Insurance of PittsburghAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by3 opinions

  1. 120 Whitehall Realty Associates v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  2. Temple Construction Corp. v. Sirius America InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  3. XL Specialty Insurance Company v. Prestige Fragrances Inc.District Court, S.D. New York · 2019

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