Transportation Insurance Co. v. Pennington

Full title: TRANSPORTATION INSURANCE COMPANY AND TRANSCONTINENTAL INSURANCE COMPANY…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 18, 1999

262 A.D.2d 1017 (N.Y. App. Div. 1999)

692 N.Y.S.2d 631

Opinion

June 18, 1999

Appeal from Judgment of Supreme Court, Erie County, Cosgrove, J. — Declaratory Judgment.

PRESENT: GREEN, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.

Judgment reversed on the law without costs, cross motions denied, motion granted and judgment granted in accordance with the same Memorandum as in Hartford Cas. Ins. Co. v. Pennington ([appeal No. 1] 262 A.D.2d 1014 [decided herewith]).

All concur except Green, J. P., who dissents and votes to affirm in the same dissenting Memorandum as in Hartford Cas. Ins. Co. v. Pennington ([appeal No. 1] 262 A.D.2d 1014 [decided herewith]).