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HENDERSON v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

56 A.D.3d 1141 (2008)

867 N.Y.S.2d 628

JAMES HENDERSON et al., Appellants, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided November 14, 2008.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the declaration is vacated, the motion is granted in part, judgment is granted in favor of plaintiffs as follows: "It is ADJUDGED AND DECLARED that defendant New York Central Mutual Fire Insurance Company has a duty to defend plaintiffs in the underlying action," and the matter is remitted to Supreme...

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