American Home Assurance Co. v. Aprigliano

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered December 28, 1988, which denied the motion of plaintiff-appellant for summary judgment, and sua sponte granted summary judgment to defendants-respondents, unanimously reversed, on the law, and summary judgment declaring no obligation on the part of plaintiff-appellant to defend or indemnify defendants-respondents is granted, without costs.

On or about July 3, 1976, plaintiff, American Home Assurance Company, issued service station policy No. 37773426 to defendant S.A. Service Station, Inc. and its owner, defendant Steven…