Cincinnati Insurance Companies v. Sirius America Insurance

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 21, 2007 in a declaratory judgment action. The judgment, among other things, granted plaintiffs’ motion for summary judgment and declared that defendant Sirius America Insurance Company is obligated to defend and indemnify plaintiffs C.O. Falter Construction Corp., Buffalo Sewer Authority and City of Buffalo Water Division in the underlying personal injury action.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the second…