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ESSEX INSURANCE COMPANY v. OAKWOOD CONSTRUCTION CORP.

59 A.D.3d 591 (2009)

872 N.Y.S.2d 721

ESSEX INSURANCE COMPANY, Respondent, v. OAKWOOD CONSTRUCTION CORP. et al., Defendants, and TIMOTHY CASE, Appellant.

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

Decided February 17, 2009.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that Essex Insurance Company is not obligated to defend and indemnify the defendants Oakwood Construction Corporation and Robert Thornton in an underlying action entitled Case v Yamaha Motor Co., pending in the Supreme Court, New York County, under index No. 119640/03.

Oakwood Construction Corporation and Robert...

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