Legal Opinion

Haines v. New York Mutual Underwriters

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

Decided June 9, 2006No. Appeal No. 2PublishedCited by 8 opinions

1Opinion of the Court

Appeal from an amended judgment (denominated amended order) of the Supreme Court, Onondaga County (James W McCarthy, A.J.), entered January 27, 2005 in a declaratory judgment action. The amended judgment granted defendant’s motion for summary judgment and dismissed the complaint.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing the complaint and granting judgment in favor of defendant as follows:

“It is ADJUDGED AND DECLARED that defendant has no duty to defend or indemnify its insured…

2Cases cited4 opinions

  1. Mount Vernon Fire Insurance v. Creative Housing Ltd.New York Court of Appeals · 1996
  2. Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
  3. U.S. Underwriters Insurance v. Val-Blue Corp.New York Court of Appeals · 1995
  4. Mark McNichol Enterprises, Inc. v. First Financial InsuranceAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by8 opinions

  1. Ward v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 2006
  2. WSTC Corp. v. National Specialty InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  3. HERKIMER COUNTY INDUSTRIAL DEVELOPM v. VILLAGE OF HERKIMERAppellate Division of the Supreme Court of the State of New York · 2015
  4. Herkimer County Industrial Development Agency v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 2015
  5. Herkimer County Industrial Development Agency v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 2015

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