Opinion
No. 189 SSM 22.
Decided September 15, 2009.
APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered December 16, 2008. The Appellate Division affirmed an order of the Supreme Court, New York County (Rolando T. Acosta, J.), which had denied defendant's motion to dismiss the complaint. The following question was certified by the Appellate Division: "Was the order of this Court, which affirmed the order of the Supreme Court, properly made?"
Jaglom v Insurance Co. of Greater N.Y., 57 AD3d 310, affirmed.
Thomas D. Hughes, New York City, for appellant.
Ohrenstein Brown, LLP, Garden City ( Michael D. Brown of counsel), for respondents.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Questions of fact exist whether plaintiffs had a reasonable goodfaith belief that the tenants in an underlying libel action against them would not seek to hold them liable, precluding dismissal of their action against the insurer ( see Argentina v Otsego Mut. Fire Ins. Co., 86 NY2d 748, 750).
In memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, etc.