Smith v. New York Central Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order and judgment of the Supreme Court (Relihan, Jr., J.), entered December 16, 2003 in Broome County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint and declared that defendant was required to defend and indemnify plaintiff in an underlying tort action.
It is undisputed that at about 10:00 p.m. on July 23, 1999, plaintiff, angered that the vehicle he was driving had been struck by eggs thrown by unknown persons from a park in the City of Binghamton, Broome County, drove to his parents’ nearby home where he resided, retrieved a wooden…
2Cases cited12 opinions
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Frontier Insulation Contractors, Inc. v. Merchants Mutual InsuranceNew York Court of Appeals · 1997
- Allstate Insurance v. MugaveroNew York Court of Appeals · 1992
- Belt Painting Corp. v. TIG InsuranceNew York Court of Appeals · 2003
- Pennsylvania Millers Mutual Insurance v. RigoAppellate Division of the Supreme Court of the State of New York · 1998
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- Clayburn v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
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- Holmes v. McCreaAppellate Division of the Supreme Court of the State of New York · 2020
- Allstate Insurance Company v. Vitality Physicians Group Practice, P.C.District Court, S.D. New York · 2021
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