Opinion
Submitted February 9, 2000.
March 30, 2000.
In an action for a judgment declaring that the plaintiff has no duty to defend and indemnify the defendants Yves Descorbeth and Yanick Fequiere in an action commenced by the defendant Rose Marie Roger, as Administratrix of the Estate of Margareth D. Gourgue, a/k/a Margareth Dure against the defendants Yves Descorbeth and Yanick Fequiere in the Supreme Court, Queens County, under Index No. 15847/98, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Oliver, J.), entered July 28, 1999, as, upon reargument, denied its cross motion for summary judgment against the defendant Rose Marie Roger, as Administratrix of the Estate of Margareth D. Gourgue, a/k/a Margareth Dure.
Schondebare Brown, LLP, Ronkonkoma, N.Y. (Dennis M. Brown of counsel), for appellant.
Joelson Rochkind, New York, N.Y. (Jason Bijur of counsel), for respondent.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the plaintiff's motion for summary judgment. There are issues of fact as to the applicability of the "business activities" exclusion in the homeowners' policy at issue (see, Hanover Ins. Co. v. Cowan, 172 A.D.2d 490 ; Allstate Ins. Co. v. Noorhassan, 158 A.D.2d 638 ).
The plaintiff's remaining contentions are without merit.
MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.