Argued May 2, 1984 Decided June 14, 1984 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Norman C. Ryp, J. Charles L. Stewart, Anthony A. Dean, Craig P. Murphy and James E. Patterson for appellants. William P. Sullivan, Jr., Alfred J. Morgan, Jr., and Peter I. Broeman for respondents. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and the motion for partial summary judgment by defendants Hartford Accident Indemnity Co. and
No. 2006-05251. June 26, 2007. In an action for a judgment declaring that the plaintiff, Essex Insurance Company, is not obligated to defend and indemnify the defendants Brim Recyclers, Inc., and William Burnett in an underlying action entitled Pingley v Brim Recyclers, Inc., pending in the Supreme Court, Orange County, under index No. 6042/04, the defendants Brim Recyclers, Inc., and William Burnett appeal from an order of the Supreme Court, Orange County (Owen, J.), dated April 24, 2006, which
93764 Decided and Entered: November 6, 2003. Appeal from that part of an order of the Supreme Court (Bradley, J.), entered June 20, 2002 in Ulster County, which granted a motion by defendant Carpet Store and Warehouse for summary judgment dismissing the complaint against it. Barraco Schonberg P.C., Highland (Anthony M. Barraco of counsel), for appellant. Law Office of Craig P. Curcio, Middletown (Tony Semidey of counsel), for respondent. Before: Cardona, P.J., Crew III, Peters, Carpinello and, Mugglin