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DRYDEN MUT. INS. CO. v. GOESSL

No. 79

27 N.Y.3d 1050 (2016)

54 N.E.3d 78

34 N.Y.S.3d 406

2016 NY Slip Op 04324

DRYDEN MUTUAL INSURANCE COMPANY, Appellant, v. STANLEY GOESSL et al., Defendants, and AP DAINO & PLUMBING, INC., et al., Respondents.

Court of Appeals of New York.

Decided June 7, 2016.

Attorney(s) appearing for the Case

Knych & Whritenour, LLC, Syracuse (Peter W. Knych of counsel), and Bruce R. Bryan, Syracuse, for appellant.

Kenney Shelton Liptak Nowak LLP, Buffalo (Jessica L. Foscolo and Robert A. Crawford of counsel), for respondents.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and GARCIA concur; Judge FAHEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this insurance coverage dispute, plaintiff Dryden Mutual Insurance Company seeks a declaratory judgment that it does not have a duty to defend and indemnify defendant Stanley Goessl in an underlying tort action. Dryden Mutual also seeks a declaration that defendant The Main Street America Group has a duty to defend and indemnify Goessl. To determine...

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