SOBERS v. LOPRESTI


283 A.D.2d 633 (2001)

725 N.Y.S.2d 856

EILEEN SOBERS, Plaintiff, v. MARIE LOPRESTI, Defendant, and ELIZABETH BURKE et al., Defendants and Third-Party Plaintiffs-Respondents. VANGUARD INSURANCE COMPANY, Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 29, 2001.


Ordered that the order is reversed insofar as appealed from, with costs, and the cross motion is denied.

The Supreme Court erred in granting summary judgment to the respondents declaring that the appellant is obligated to defend and indemnify them in the main action. Questions of fact exist as to whether the respondents timely notified the appellant in accordance with policy requirements, and as to whether the respondents demonstrated the existence of a good faith...

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