Miller v. State

Appellate Division of the Supreme Court of New York

Miller v. State

265 A.D.2d 455, 696 N.Y.S.2d 863, 1999 N.Y. App. Div. LEXIS 10608

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

DecidedOctober 18, 1999

StatusPublished

This text of 265 A.D.2d 455 (Miller v. State) 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

Miller v. State, 265 A.D.2d 455, 696 N.Y.S.2d 863, 1999 N.Y. App. Div. LEXIS 10608 (N.Y. Ct. App. 1999).

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Opinion

—In a claim to recover damages for personal injuries, the third-party defendant Maryland Casualty Company appeals from an order of the Court of Claims (Silverman, J.), dated April 22, 1998, which denied its motion for summary judgment dismissing the third-party claim seeking a judgment declaring that it is obligated to defend and indemnify the defendant third-party claimant State of New York in the main claim, and granted the cross motion of the State of New York for summary judgment on the third-party claim.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Court of Claims for entry of an appropriate judgment severing the third-party claim and declaring that the appellant is obligated to defend and indemnify the State of New York in the main claim (see, Rose v State of New York, 265 AD2d 473 [decided herewith]). Bracken, J. P., Thompson, Gold-stein, McGinity and Schmidt, JJ., concur.

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—In a claim to recover damages for personal injuries, the third-party defendant Maryland Casualty Company appeals from an order of the Court of Claims (Silverman, J.), dated April 22, 1998, which denied its motion for summary judgment dismissing the third-party claim seeking a judgment declaring that it is obligated to defend and indemnify the defendant third-party claimant State of New York in the main claim, and granted the cross motion of the State of New York for summary judgment on the third-party claim.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Court of Claims for entry of an appropriate judgment severing the third-party claim and declaring that the appellant is obligated to defend and indemnify the State of New York in the main claim (see, Rose v State of New York, 265 AD2d 473 [decided herewith]). Bracken, J. P., Thompson, Gold-stein, McGinity and Schmidt, JJ., concur.

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Bluebook (online)

265 A.D.2d 455, 696 N.Y.S.2d 863, 1999 N.Y. App. Div. LEXIS 10608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-nyappdiv-1999.

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