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WILLIAM FLOYD SCHOOL DISTRICT v. MAXNER

2008-10529

68 A.D.3d 982 (2009)

2009 NY Slip Op 9464

892 N.Y.S.2d 115

WILLIAM FLOYD SCHOOL DISTRICT et al., Respondents, v. FRANK MAXNER et al., Respondents, AURORA CONTRACTORS, INC., Defendant Third-Party Plaintiff-Respondent, and QBE INSURANCE CORP., Defendant Third-Party Plaintiff-Appellant. ROYAL AND SUNALLIANCE INSURANCE COMPANY, Third-Party Defendant-Respondent.

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

Decided December 15, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, that branch of the plaintiffs' motion which was for summary judgment declaring that QBE Insurance Corp. is obligated to defend William Floyd School District and William Floyd Middle School in the underlying action is denied, upon searching the record, summary judgment is awarded to QBE Insurance Corp. declaring...

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