Preferred Mutual Insurance v. Donnelly

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered November 14, 2012. The judgment, inter alia, granted the motion of plaintiff insofar as it sought summary judgment declaring that plaintiff has no duty to defend or indemnify its insured, defendant John Donnelly, in a personal injury action commenced by defendant Robert Jackson against Donnelly and others.

*1243It is hereby ordered that the judgment so appealed from is affirmed without costs.

Memorandum: Contrary to the contention of defendant Robert Jackson, Supreme Court…