511 Main Street Corp. v. Fireman's Fund Insurance

Appellate Division of the Supreme Court of New York

511 Main Street Corp. v. Fireman's Fund Insurance

91 A.D.2d 830, 458 N.Y.S.2d 419, 1982 N.Y. App. Div. LEXIS 19734

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 17, 1982

StatusPublished

Cited by1 cases

This text of 91 A.D.2d 830 (511 Main Street Corp. v. Fireman's Fund Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

511 Main Street Corp. v. Fireman's Fund Insurance, 91 A.D.2d 830, 458 N.Y.S.2d 419, 1982 N.Y. App. Div. LEXIS 19734 (N.Y. Ct. App. 1982).

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Opinion

— Judgment unanimously reversed, with costs, defendants’ motion denied and judgment granted in favor of plaintiffs, in accordance with the following memorandum: Because the several complaints for property and other damage contain general allegations of negligence on the part of each defendant, Special Term erred in granting summary judgment and dismissing plaintiffs’ declaratory judgment action. “It is well settled that the duty of a liability carrier to defend is broader than the duty to pay (Goldberg v Lumber Mut. Cas. Ins. Co. of N. Y., 297 NY 148) even against lawsuits, within the compass of the risk, no matter how groundless, false or baseless these suits may be (Calkins v Merchants Mut. Ins. Co., 59 AD2d 1052, 1053).” (Kincaid v Simmons, 66 AD2d 428, 431.) Defendant’s ultimate responsibility for indemnifying any one of the defendants may not be determined in advance of a trial of the action (see New York Mut. Underwriters v Cavallaro, 90 AD2d 962). (Appeal from judgment of Supreme Court, Erie County, Johnson, J. — declaratory judgment.) Present — Simons, J. P., Hancock, Jr., Callahan, Moule and Schnepp, JJ.

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— Judgment unanimously reversed, with costs, defendants’ motion denied and judgment granted in favor of plaintiffs, in accordance with the following memorandum: Because the several complaints for property and other damage contain general allegations of negligence on the part of each defendant, Special Term erred in granting summary judgment and dismissing plaintiffs’ declaratory judgment action. “It is well settled that the duty of a liability carrier to defend is broader than the duty to pay (Goldberg v Lumber Mut. Cas. Ins. Co. of N. Y., 297 NY 148) even against lawsuits, within the compass of the risk, no matter how groundless, false or baseless these suits may be (Calkins v Merchants Mut. Ins. Co., 59 AD2d 1052, 1053).” (Kincaid v Simmons, 66 AD2d 428, 431.) Defendant’s ultimate responsibility for indemnifying any one of the defendants may not be determined in advance of a trial of the action (see New York Mut. Underwriters v Cavallaro, 90 AD2d 962). (Appeal from judgment of Supreme Court, Erie County, Johnson, J. — declaratory judgment.) Present — Simons, J. P., Hancock, Jr., Callahan, Moule and Schnepp, JJ.

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Bluebook (online)

91 A.D.2d 830, 458 N.Y.S.2d 419, 1982 N.Y. App. Div. LEXIS 19734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/511-main-street-corp-v-firemans-fund-insurance-nyappdiv-1982.

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