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TIMPANO v. NEW YORK CENT. MUT. FIRE INS. CO.

210 CA 21-00924.

206 A.D.3d 1675 (2022)

170 N.Y.S.3d 747

2022 NY Slip Op 03818

Joseph J. Timpano, as Temporary Administrator of the Estate of Yae Yar, Deceased, Respondent, v. New York Central Mutual Fire Insurance Company, Appellant, and Hasan Ko et al., Respondents, et al., Defendants.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF KEITH D. MILLER, LIVERPOOL (KEITH D. MILLER OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAW OFFICE OF JENNIFER S. ADAMS, YONKERS (PAUL G. HANSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

SCHMITT & LASCURETTES, LLC, UTICA (TOD M. LASCURETTES OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying plaintiff's motion for summary judgment and vacating the declaration, and as modified the judgment is affirmed without costs.

Memorandum: Plaintiff, as temporary administrator of the estate of Yae Yar (decedent), commenced this action seeking a declaration that defendant New York Central Mutual Fire Insurance Company (New York Central) is obligated to defend and indemnify...

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