Opinion
Submitted May 26, 2000.
July 10, 2000.
In an action, inter alia, for a judgment declaring that the defendant Allcity Insurance Company a/k/a Empire Insurance Company a/k/a Empire Insurance Group is obligated to indemnify the defendant Figli Management Corp. in a personal injury action entitled Lombardi v. Losquadro Ice Company, Inc., in the Supreme Court, Kings County, under Index No. 9326/94, the defendant Allcity Insurance Company appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated April 19, 1999, which granted the plaintiff's motion for summary judgment declaring that it was obligated to indemnify the defendant Figli Management Corp.
Flynn, Gibbons Dowd, New York, N.Y. (Lawrence A. Doris of counsel), for appellant.
Viders Wiesen, Carle Place, N.Y. (Kenneth B. Wiesen of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that Allcity Insurance Company is obligated to indemnify Figli Management Corp. in an action entitled Lombardi v. Losquadro Ice Company, Inc.
The Supreme Court properly granted the plaintiff's motion for summary judgment. The plaintiff presented evidence in admissible form which established her entitlement to judgment as a matter of law (see, CPLR 3212[b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324-335; Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The evidence presented by the appellant in opposition to the motion, which consisted primarily of the affirmation of its counsel, who had no personal knowledge of the facts, was insufficient to defeat the motion (see, Zuckerman v. City of New York, supra, at 563; Venezia v. Coldwell Banker Sammis Realty, 270 A.D.2d 480, [2d Dept., Mar. 27, 2000]; Citibank v. Joffe, 265 A.D.2d 291).
The appellant's remaining contentions are without merit.
Since this is a declaratory judgment action, the Supreme Court should have directed the entry of a declaration in favor of the plaintiff (see, Lanza v. Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 372 U.S. 901).